IMCO report Council Working Party Compromise proposals · Four-column document 4 new and improved...

FOR INTERNAL WORKING PURPOSES ONLY Version 2.1 (0631.06.2012) Four-column document

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Compromise cell in green: The text can be deemed as already adopted

Compromise cell in amber: The issue still needs further discussion at the informal trialog meeting

Compromise cell in red: The issue still needs to be negotiated in depth

Note: Differences between IMCO's position and the Commission's proposal are highlighted in Bold/italics. Differences between the Council's position and the Commission's

proposal are underlined. Bold underline in the Council column indicates where the Council has amended IMCO's text. Bold/italics/underline in the Commission column indicates IMCO

and Council are amending the Commission's proposal in the same manner. Council position in the compromise column in blue.

Proposal COM (2011)0315

IMCO report Council Working Party Compromise proposals

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and of the Council

(Text with EEA relevance)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL



Proposal for a

REGULATION (EU) No…/…OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of



Proposal for a

REGULATION (EU) No…/…OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of



THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,




Having regard to the Treaty on the

Functioning of the European Union, and in


Functioning of the European Union, and in


Functioning of the European Union, and in Having regard to the Treaty on the Functioning of the European Union, and in


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particular Article 114 thereof, particular Article 114 thereof, particular Article 114 thereof, particular Article 114 thereof,

Having regard to the proposal from the

European Commission,

Having regard to the proposal from the

European Commission, Having regard to the proposal from the European Commission,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act

to the national Parliaments,

After transmission of the draft legislative act

to the national Parliaments, After transmission of the draft legislative act to the national pParliaments,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the

European Economic and Social Committee1,

Having regard to the opinion of the

European Economic and Social Committee, Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the European Economic and Social Committee,

Acting in accordance with the ordinary

legislative procedure,

Acting in accordance with the ordinary

legislative procedure, Acting in accordance with the ordinary legislative procedure,

Acting in accordance with the ordinary legislative procedure,

Whereas:

Whereas:

Whereas: Whereas:

Recital 1

Recital 1

Recital 1

(1) The primary objective of standardisation is the definition of voluntary technical or quality specifications with which current or future products, production processes or services may comply. Standardisation can cover various issues, such as standardisation of different grades or sizes of a particular product or technical specifications in product or services markets where compatibility and interoperability with other products or systems is essential.




Recital 1a

Recital 1a

Recital 1a

1 OJ C […], […], p. […].


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(1a) European standardisation is organised by and for the stakeholders concerned based on national representation (CEN/CENELEC) and direct participation (ETSI), and is founded on the principles of coherence, transparency, openness, consensus, voluntary application, independence of special interests and efficiency. In light of these founding principles, it is important that all relevant stakeholders, including public authorities and SME are involved in the national and European standardisation process. National standardisation bodies should also encourage and facilitate participation of those stakeholders.

(1a) European standardisation is organised by and for the stakeholders concerned based on national representation (CEN/CENELEC) and direct participation (ETSI), and is founded on the principles established by the World Trade Organisation (WTO) (coherence, transparency, openness, consensus, voluntary application, independence of special interests and efficiency). In light of these founding principles, it is important that all relevant stakeholders, including public authorities and SME are involved in the national and European standardisation process. National standardisation bodies should also encourage and facilitate participation of those stakeholders.

Recital 2

Recital 2

Recital 2

(2) European standardisation also helps to boost the competitiveness of enterprises by facilitating in particular the free movement of goods and services, network interoperability, means of communication, technological development and innovation. Standards produce significant positive economic effects, for example by promoting economic interpenetration on the internal market and encouraging the development of new and improved products or markets and improved supply conditions. Standards thus normally increase competition and lower output and sales costs, benefiting economies as a whole. Standards may maintain and enhance quality, provide information and ensure interoperability and compatibility, thereby increasing value for consumers.

(2) European standardisation also helps to boost the competitiveness of enterprises by facilitating in particular the free movement of goods and services, network interoperability, means of communication, technological development and innovation. European standardisation reinforces the global competitiveness of European industry when established in coordination with the International Standardisation Organisations, namely the International Organisation for Standardisation (ISO), the International Electrotechnical Commission (IEC) and the International Telecommunication Union (ITU). Standards produce significant positive economic effects, for example by promoting economic interpenetration on the internal market and encouraging the development of

(2) European standardisation also helps to boost the competitiveness of enterprises by facilitating in particular the free movement of goods and services, network interoperability, means of communication, technological development and innovation. Standards produce significant positive economic effects, for example by promoting economic interpenetration on the internal market and encouraging the development of new and improved products or markets and improved supply conditions. Standards thus normally increase competition and lower output and sales costs, benefiting economies as a whole. Standards may maintain and enhance quality, provide information and ensure interoperability and compatibility, thereby increasing value for consumers.

(2) European standardisation also helps to boost the competitiveness of enterprises by facilitating in particular the free movement of goods and services, network interoperability, means of communication, technological development and innovation. European standardisation reinforces the global competitiveness of European industry especially when established in coordination with the International Standardisation Organisations, namely the International Organisation for Standardisation (ISO), the International Electrotechnical Commission (IEC) and the International Telecommunication Union (ITU). Standards produce significant positive economic effects, for example by promoting economic


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new and improved products or markets and improved supply conditions. Standards thus normally increase competition and lower output and sales costs, benefiting economies as a whole and consumers in particular. Standards may maintain and enhance quality, provide information and ensure interoperability and compatibility, thereby increasing safety and value for consumers.

interpenetration on the internal market and encouraging the development of new and improved products or markets and improved supply conditions. Standards thus normally increase competition and lower output and sales costs, benefiting economies as a whole and consumers in particular. Standards may maintain and enhance quality, provide information and ensure interoperability and compatibility, thereby increasing safety and value for consumers.

Recital 3

Recital 3

Recital 3

Recital 3

(3) European standards should continue to be adopted by the European standardisation bodies, namely European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI).

(3) The European standardisation system is a voluntary and market-driven system, organised under the principles established by the World Trade Organisation (WTO) in Annex III of the WTO Agreement on Technical Barriers to Trade. European standards are adopted by the European Standardisation Organisations, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI).

(3) European standards are adopted should continue to be adopted by the European standardisation bodies, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI).

(3) European standards are adopted by the European standardisation organisations, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI).

Recital 4

Recital 4

Recital 4

Recital 4

(4) European standards play a very important role within the internal market, mainly through the presumption of conformity of products to be made available on the market with the essential requirements of those products laid down in Union harmonisation legislation.

(4) European standards play a very important role within the internal market, for instance through the presumption of conformity of products to be made available on the market with the essential requirements of those products laid down in Union harmonisation legislation.

(4) European standards play a very important role within the internal market, mainly through the use of harmonised standards in the presumption of conformity of products to be made available on the market with the essential requirements of those products laid down in the relevant

(4) European standards play a very important role within the internal market, for instance through the use of harmonised standards in the presumption of conformity of products to be made available on the market with the essential requirements of those products


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Union harmonisation legislation. laid down in the relevant Union harmonisation legislation. These requirements should be precisely defined in order to avoid misinterpretation on the part of the standardisation organisations.

Recital 4a

Recital 4a

Recital 4a

Recital 4a

(4a) Standardisation plays an increasingly important role in international trade and the opening-up of markets. In accordance with the Agreement on Technical Cooperation between the ISO and CEN (Vienna Agreement) and the Dresden Agreement, the Union seeks to promote the drafting of standards at international level, thus making European undertakings and industries more competitive on the international scene. But standardisation may also be used by third countries as an anti-competitive instrument, creating technical barriers to trade. Cooperation between European and international standardisation bodies is therefore fundamental, but the Union should also promote bilateral approaches by coordinating its standardisation work with its partners, for example in the context of the transatlantic dialogue.

(4a) Standardisation plays an increasingly important role in international trade and the opening-up of markets. The Union should seek to promote cooperation between European standardisation organisations and international standardisation bodies. The Union should also promote bilateral approaches with third countries to coordinate standardisation efforts and promote European standards, e.g. when negotiating agreements or by seconding standardisation experts to third countries. Furthermore the Union should encourage contact between standardisation organisations and private fora and consortia, while maintaining the primacy of European standardisation.

Recital 4b

Recital 4b

Recital 4b

Recital 4b

(4b) The promotion of European standards should also be undertaken by means of bilateral contacts when negotiating agreements or by seconding standardisation experts to third countries, as has been done in the case of China. Such an initiative should also be launched,

deleted


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as a priority, with India, Russia and Brazil.

Recital 4c

Recital 4c

Recital 4c

Recital 4c

(4c) In addition to standards drawn up by national, European and international Standardisation Organisations, technical specifications are drafted by forums and consortia. Those technical specifications are useful in those situations where there are no existing standards. Particularly due to the international dimension of forums and consortia, those technical specifications make it possible to open up markets outside Union and limit technical barriers to trade, especially in the field of information and communication technologies (ICT). The Union should encourage contact between standardisation bodies and those forums and consortia, while avoiding the creation of a system which competes with standardisation.

deleted

Recital 4d

Recital 4d

Recital 4d

Recital 4d

(4d) The European Parliament and the Council should be precise when defining the essential requirements in Union legislation harmonising the conditions for the marketing of products in order to avoid misinterpretation on the part of the standardisation organisations with regard to the objectives, and the level of protection, set by that legislation.

deleted

Recital 5

Recital 5

Recital 5

Recital 5


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(5) European standardisation is governed by a specific legal framework consisting of three different legal acts, namely Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services1, Decision No 1673/2006/EC of the European Parliament and of the Council of 24 October 2006 on the financing of European standardisation2 and Council Decision 87/95 EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications3. However, the current regulatory framework is no longer up to date with the developments of European standardisation during the last decades. Therefore, the regulatory framework should be simplified and adapted in order to cover new aspects of standardisation to reflect the latest developments and future challenges in European standardisation. That relates in particular to the increased development of service standards and the evolution of standardisation products other than formal standards.

(5) European standardisation is governed by a specific legal framework consisting of three different legal acts, namely Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, Decision No 1673/2006/EC of the European Parliament and of the Council of 24 October 2006 on the financing of European standardisation and Council Decision 87/95 EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications. However, the current regulatory framework is no longer up to date with the developments of European standardisation during the last decades. Therefore, the regulatory framework should be simplified and adapted in order to cover new aspects of standardisation to reflect the latest developments and future challenges in European standardisation. That relates in particular to the increased development of service standards and the evolution of standardisation products other than formal standards.

(5) European standardisation is governed by a specific legal framework consisting of three different legal acts, namely Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, Decision No 1673/2006/EC of the European Parliament and of the Council of 24 October 2006 on the financing of European standardisation and Council Decision 87/95 EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications. However, the current legal regulatory framework is no longer up to date with the developments of European standardisation during the last decades. Therefore, the current legal regulatory framework should be simplified and adapted in order to cover new aspects of standardisation to reflect those latest developments and future challenges in European standardisation. That relates in particular to the increased development of service standards and the evolution of standardisation products other than formal standards.

(5) European standardisation is governed by a specific legal framework consisting of three different legal acts, namely Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, Decision No 1673/2006/EC of the European Parliament and of the Council of 24 October 2006 on the financing of European standardisation and Council Decision 87/95 EEC of 22 December 1986 on standardisation in the field of information technology and telecommunications. However, the current legal framework is no longer up to date with the developments of European standardisation during the last decades. Therefore, the current legal framework should be simplified and adapted in order to cover new aspects of standardisation to reflect those latest developments and future challenges in European standardisation. That relates in particular to the increased development of service standards and the evolution of standardisation products other than formal standards.

Recital 5a

Recital 5a

Recital 5a

Recital 5a

1 OJ L 24, 21.7.1998, p. 37. 2 OJ L 315, 15.11.2006, p. 9. 3 OJ L 36, 7.2.1987, p. 31.


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(5a) The European Parliament's Resolution of 21 October 2010 on the future of European standardisation has set out an important number of strategic recommendations regarding the review of the European Standardisation System.

(5a) The European Parliament's Resolution of 21 October 2010 on the future of European standardisation as well as the EXPRESS report delivered in February 2010 have set out an important number of strategic recommendations regarding the review of the European Standardisation System.

Recital 6

Recital 6

Recital 6

Recital 6

(6) In order to ensure the effectiveness of standards and standardisation as policy tools for the Union, it is necessary to have an effective and efficient standardisation system which provides a flexible and transparent platform for consensus building between all participants and which is financially viable.




Recital 7

Recital 7

Recital 7

Recital 7

(7) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market1 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services. It obliges the Member States, in cooperation with the Commission, to encourage the development of voluntary European

(7) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market1 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services. It obliges the Member States, in cooperation with the Commission, to encourage the development of voluntary European

(7) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market2 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services. It obliges the Member States, in cooperation with the Commission, to encourage, in cooperation with the Commission, the

(7) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market3 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services. It obliges the Member States, to encourage, in cooperation with the Commission, the development of voluntary European

1 OJ L376, 27.12.2006. 2 OJ L376, 27.12.2006. 3 OJ L376, 27.12.2006.


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standards with the aim of facilitating compatibility between services supplied by providers in different Member States, information to the recipient and the quality of service provision. However, Directive 98/34/EC only applies to standards for products while standards for services are not expressly covered by it. However, the delineation between services and goods is becoming less relevant in the reality of the internal market. In practice, it is not always possible to clearly distinguish standards on products from standards on services. Many product standards have a service component while standards on services often also partly relate to products. Thus, it is necessary to adapt the legal framework to these new circumstances by extending its scope to standards on services.

standards with the aim of facilitating compatibility between services supplied by providers in different Member States, information to the recipient and the quality of service provision. However, Directive 98/34/EC only applies to standards for products while standards for services are not expressly covered by it. However, the delineation between services and goods is becoming less relevant in the reality of the internal market. In practice, it is not always possible to clearly distinguish standards on products from standards on services. Many product standards have a service component while standards on services often also partly relate to products. Thus, it is necessary to adapt the legal framework to these new circumstances by extending its scope to standards on services.

development of voluntary European standards with the aim of facilitating compatibility between services supplied by providers in different Member States, information to the recipient and the quality of service provision. However, Directive 98/34/EC only applies to standards for products while standards for services are not expressly covered by it. However, the delineation between services and goods is becoming less relevant in the reality of the internal market. In practice, it is not always possible to clearly distinguish standards on products from standards on services. Many product standards have a service component while standards on services often also partly relate to products. Thus, it is necessary to adapt the current legal framework to these new circumstances by extending its scope to standards on services.

standards with the aim of facilitating compatibility between services supplied by providers in different Member States, information to the recipient and the quality of service provision. However, Directive 98/34/EC only applies to standards for products while standards for services are not expressly covered by it. However, the delineation between services and goods is becoming less relevant in the reality of the internal market. In practice, it is not always possible to clearly distinguish standards on products from standards on services. Many product standards have a service component while standards on services often also partly relate to products. Thus, it is necessary to adapt the current legal framework to these new circumstances by extending its scope to standards on services.

Recital 8

Recital 8

Recital 8

Recital 8

(8) The development of voluntary standards on services should be market-driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus. They should primarily focus on services linked to products and processes.

(8) The development of voluntary standards on services should be market-driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus. They should primarily focus on services linked to products and processes.

(8) Like other standards,The development of voluntary standards on services are voluntary and should be market-driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on the founding principles above consensus. They should primarily focus on services linked to products and processes.

(8) Like other standards, standards on services are voluntary and should be market-driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on the founding principles above, including consensus. They should primarily focus on services linked to products and processes.

Recital 8a

Recital 8a

Recital 8a

Recital 8a


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(8a) When the Commission, in accordance with Article 7(1) of this Regulation, requests European Standardisation Organisations to draft a European standard or a European standard deliverable, it should respect the division of competences between the Union and the Member States as laid down in the TFEU, in particular Articles 14, 151, 152, 153, 165, 166 and 168 thereof and Protocol No 26 on Services of General Interest, which relate to social policy, vocational training, public health and services of general interest, which include services of general economic interests.

(8a) The application of the legal framework allowing the Commission to request one or several European standardisation bodies to draft a European standard or European standardisation deliverable for services is exercised while fully respecting the distribution of competences between the European Union and the Member States as laid down in the TFEU. This concerns in particular Articles 153, 165, 166 and 168 TFEU from which it remains exclusively with the Member States to define the fundamental principles of their social security, vocational training and health systems and to shape the framework conditions for the management, financing, organisation and delivery of the services supplied within those systems, including - without prejudice to Article 168 (4) and to Directive 2005/36/EC - the definition of requirements, quality and safety standards applicable to them.

(8a) The application of the legal framework allowing the Commission to request one or several European standardisation bodies to draft a European standard or European standardisation deliverable for services is exercised while fully respecting the distribution of competences between the European Union and the Member States as laid down in the TFEU. This concerns in particular Articles 14, 151, 152, 153, 165, 166 and 168 TFEU and Protocol No 26 on Services of General Interest from which it remains exclusively with the Member States to define the fundamental principles of their social security, vocational training and health systems and to shape the framework conditions for the management, financing, organisation and delivery of the services supplied within those systems, including - without prejudice to Article 168 (4) and to Directive 2005/36/EC - the definition of requirements, quality and safety standards applicable to them. The Commission shall not, by means of such a request, affect the right to negotiate, conclude and enforce collective agreements and to take industrial action in accordance with national law and practices, which respect Union law.

Recital 9

Recital 9

Recital 9

Recital 9

(9) The European standardisation bodies are subject to competition law to the extent that they can be considered to be an undertaking or an association of undertakings within the



(9) The European standardisation organisations are subject to competition law to the extent that they can be considered to be an undertaking or an


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meaning of Articles 101 and 102 of the Treaty.

meaning of Articles 101 and 102 of the Treaty.

meaning of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU.

association of undertakings within the meaning of Articles 101 and 102 of the TFEU.

Recital 10

Recital 10

Recital 10

Recital 10

(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission, about current and future standardisation work. This exchange of information should be aligned with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations1.

(10) Within the Union, national standards are adopted by National Standardisation Organisations which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the National Standardisation Organisations , the European Standardisation Organisations and the Commission, about current and future standardisation work, including the provisions concerning the standstill arrangements applicable to the National standardisation organisations within the framework of the European Standardisation Organisations. This exchange of information should be aligned with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the

(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission, about their current and future standardisation work as well as the standstill arrangements applicable to the national standardisation bodies within the framework of the European standardisation bodies. The national and European standardisation bodies should also observe the provisions on exchange of information in This exchange of information should be aligned in line with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral

(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation organisations and the Commission, about their current and future standardisation work as well as the standstill principle applicable to the national standardisation bodies within the framework of the European standardisation organisations which foresees the withdrawal of national standards after the publication of a new European standard. The national standardisation bodies and European standardisation organisations should also observe the provisions on exchange of information in Annex 3 to Agreement on Technical Barriers to Trade approved

1 OJ L 71, 17.3.1980, p. 1.


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1973 to 1979 trade negotiations. Agreements resulting from the 1973 to 1979 trade negotiations1.

by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations2.

Recital 10a

The Member States' obligation to notify the Commission of their national standardisation bodies does not require specific national legislation for the purposes of recognition of those bodies.

Recital 11

Recital 11

Recital 11

Recital 11

(11) The regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission should not prevent standardisation bodies to comply with other obligations and commitments, and in particular with Annex 3 to the Agreement on Technical Barriers to Trade.



(11) The regular exchange of information between the national standardisation bodies, the European standardisation organisations and the Commission should not prevent standardisation bodies to comply with other obligations and commitments, and in particular with Annex 3 to the Agreement on Technical Barriers to Trade.

Recital 11a

Recital 11a

Recital 11a

Recital 11a

(11a) Societal interest representation and societal stakeholders in European standardisation activities refers to the activities of organisations and parties representing interests of greater societal relevance, e.g. environmental, consumer

(11a) Societal interest representation and societal stakeholders in European standardisation activities refers to the activities of organisations and parties representing interests of greater societal relevance, e.g. environmental, consumer

1 OJ L 71, 17.3.1980, p. 1. 2 OJ L 71, 17.3.1980, p. 1.


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interests or employee interests. The representation of social interests and social stakeholders in European standardisation activities refers on the other hand particularly to the activities of organisations and parties representing employees and workers' basic rights, e.g. trade unions.

interests or employee interests. The representation of social interests and social stakeholders in European standardisation activities refers on the other hand particularly to the activities of organisations and parties representing employees and workers' basic rights, e.g. trade unions.

Recital 11b

(11b) In order to speed-up the decision-making process, national standardisation bodies and European standardisation organisations should facilitate accessible information on their activities through the promotion of the use of information and communication technologies in the standardisation system, for example by providing to all relevant stakeholders an easy-to-use online consultation mechanism for the submission of comments on draft standards and by organising virtual meetings, including by means of web conferencing or video conferencing, of technical committees.

Recital 12

Recital 12

Recital 12

Recital 12

(12) Standards can contribute to helping European policy address the major societal challenges such as climate change, sustainable resource use, ageing, and innovation in general. By driving the development of European or international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its

(12) Although standards are primarily market-driven tools used on a voluntary basis by stakeholders, they can contribute to helping European policy address the major societal challenges such as globalisation, the economic and financial crisis, innovation, internal market, weaknesses, climate change, sustainable resource use, ageing population, integration of people with disabilities, consumer protection, workers' safety and conditions and social inclusion. By driving the development of European or

(12) Standards can contribute to helping European Union policy address the major societal challenges such as climate change, sustainable resource use, ageing, and innovation in general. By driving the development of European or international standards for goods and technologies in these expanding markets, the Union Europe could create a competitive advantage for its

(12) Standards can contribute to helping Union policy address the major societal challenges such as climate change, sustainable resource use, innovation, ageing population, integration of people with disabilities, consumer protection and workers' safety and conditions. By driving the development of European or international standards for goods and technologies in these expanding markets, the Union could create a competitive advantage for its companies and facilitate


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companies and facilitate trade. international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its companies and facilitate trade, in particular for small and medium-sized enterprises (‘SMEs’), which account for a large majority of European companies.

companies and facilitate trade. trade, in particular for SME, which account for a large part of European companies.

Recital 13

Recital 13

Recital 13

Recital 13

(13) Standards are important tools for undertakings and especially small and medium-sized enterprises (hereinafter 'SME') which, however, are not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of SME. Consequently, it is essential to improve their representation and participation in the standardisation process, particularly in the technical committees.

(13) Standards are important tools for the competitiveness of undertakings and especially SMEs, whose participation in the standardisation process is essential for technological progress in the Union. It is therefore necessary that standardisation rules encourage SMEs to actively provide their innovative technology solutions to standardisation efforts by improving their participation at national level where they can be more effective due to lower costs and lack of linguistic barriers, in accordance with the principle of national delegation. Consequently, it is essential that this Regulation should improve SME representation and participation in the national technical committees and facilitate their effective access to standards. National Standards Organisations should encourage their delegates to take SMEs' views into account in the European technical committees.

(13) Standards are important tools for undertakings and especially small and medium-sized enterprises (hereinafter 'SME') which, however, are in some cases not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of SME. Consequently, it is essential to improve their representation and participation in the standardisation process, particularly in the technical committees.

(13) Standards are important for the competitiveness of undertakings and especially SMEs, whose participation in the standardisation process is important for technological progress in the Union. Therefore it is therefore necessary that the standardisation framework encourage SMEs to actively participate and provide their innovative technology solutions to standardisation efforts. This includes improving their participation at national level where they can be more effective due to lower costs and lack of linguistic barriers[em1], in accordance with the principle of national delegation. Consequently this Regulation improves SME representation and participation in both national and European technical committees and facilitates their effective access to and awareness of standards.

Recital 13a

Recital 13a

Recital 13a

Recital 13a


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(13a) It is important to encourage the exchange of best practices between National Standardisation Organisations on how to best facilitate and enhance the participation of SMEs in standardisation activities.

deleted

Recital 14

Recital 14

Recital 14

Recital 14

(14) European standards are of vital interest for the competitiveness of SMEs which, however, are in general under-represented in standardisation activities, in particular at European level. Thus, this Regulation should ensure an appropriate representation of SME in the European standardisation process by an entity with appropriate qualifications.

(14) European standards are of vital interest for the competitiveness of SMEs which, however, are in several areas under-represented in European standardisation activities. In addition, this Regulation should facilitate and encourage an appropriate participation of SMEs in the European standardisation process by an entity that is effectively in contact with, and duly representative of, SMEs and their organisations at national level.

(14) European standards are of vital interest for the competitiveness of SMEs which, however, are in some cases in general under-represented in standardisation activities, in particular at European level. Thus, this Regulation should ensure an appropriate representation of SME in the European standardisation process by an entity with appropriate qualifications.

(14) European standards are of vital interest for the competitiveness of SME which, however, are in some cases under-represented in European standardisation activities. Thus, this Regulation should encourage and facilitate an appropriate representation and participation of SME in the European standardisation process by an entity that is effectively in contact with, and duly representative of SME and their organisations at national level.

Recital 15

Recital 15

Recital 15

Recital 15

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened, through the support of organisations representing the interests of consumers, the

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, workers' safety and conditions, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of stakeholders representing public and societal interest in the elaboration of standards are strengthened, through the support of organisations representing the interests of consumers, including people with disabilities, public health, the

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened, through the reinforced support of organisations representing the interests of consumers, the environment and societal

(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, workers' safety and conditions, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards are strengthened, through the reinforced support of organisations representing the interests of consumers, the environment and social


16

environment and societal stakeholders. environment and other societal stakeholders, including representatives of employers and employees (´social partners´).

stakeholders. stakeholders.

Recital 15a

(15a) The obligation of the European Standardisation Organisations to encourage and facilitate representation and effective participation of all relevant stakeholders does not entail any voting rights for these stakeholders unless such voting rights are prescribed by the internal rules of procedure of the European Standardisation Organisations.

Recital 15b

(15b) The European standardisation system should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities signed by the European Union on the 23rd December 2010. It is therefore important that organisations representing the interests of consumers sufficiently represent and include the interests of people with disabilities. In addition, their participation in the standardisation process should be facilitated by all available means.

Recital 15c

Recital 15c

Recital 15c

Recital 15c


17

(15c) In most Member States, public authorities show a limited interest in participating in the standards development process, notwithstanding the importance of standardisation as a tool to support Union policies and legislation. Therefore, this Regulation should ensure the participation of public authorities in all national technical committees mirroring the development or revision of European standards requested by the Commission. The participation of national authorities is particularly crucial for the proper functioning of legislation in the areas covered by the ‘New Approach’, and for the avoidance of ex-post objections to harmonised standards.

(15c) Due to the importance of standardisation as a tool to support Union policies and legislation and in order to avoid ex-post objections to and modifications of harmonised standards, it is important that public authorities participate in standardisation at all stages of the development where they may be involved and especially in the areas covered by the Nnew Aapproach.

Recital 16

Recital 16

Recital 16

Recital 16

(16) Standards should as far as possible take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre.

(16) Standards should take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre (JRC). Thus, this Regulation should ensure that the JRC can play an active role in the European standardisation system.

(16) Standards should as far as possible take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre.

(16) Standards should take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre (JRC). Thus, this Regulation should ensure that the JRC can play an active role in the European standardisation system.

Recital 17

Recital 17

Recital 17

Recital 17

(17) The viability of the cooperation between the Commission and the European standardisation system depends on careful planning of future requests for the development of standards. This planning

(17) The viability of the cooperation between the Commission and the European standardisation system depends on careful planning of future requests for the development of standards. This planning

(17) The viability of the cooperation between the Commission and the European standardisation system bodies depends on careful planning of future requests for the development of standards. This planning

(17) The viability of the cooperation between the Commission and the European standardisation system depends on careful planning of future requests for the


18

could be improved, in particular through the input of interested parties. Since Directive 98/34/EC already provides for the possibility to request the European standardisation bodies to elaborate European standards, it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the Commission intends to submit to European standardisation bodies.

could be improved, in particular through the input of interested parties, by introducing mechanisms for collecting opinions and facilitating the exchange of information among all interested parties. Since Directive 98/34/EC already provides for the possibility to request the European Standardisation Organisations to elaborate European standards, it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the Commission intends to submit to European Standardisation Organisations. However, as standards are primarily a market tool, it is necessary to ensure a high level of cooperation between the European Standardisation Organisations and the Commission in the establishment of its annual European standardisation work programme in order to ensure that the standards that the Commission intends to request from the European Standardisation Organisations are market-driven.

could be improved, in particular through the input of interested parties including market surveillance authorities in the Member States. Since Directive 98/34/EC already provides for the possibility to request the European standardisation bodies to elaborate European standards, it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the Commission intends to submit to European standardisation bodies

development of standards. This planning could be improved, in particular through the input of interested parties including national market surveillance authorities by introducing mechanisms for collecting opinions and facilitating the exchange of information among all interested parties. Since Directive 98/34/EC already provides for the possibility to request the European Standardisation Organisations to elaborate European standards, it is appropriate to put in place a better and more transparent planning in an annual work programme which should contain an overview of all requests for standards which the Commission intends to submit to European Standardisation Organisations. It is necessary to ensure a high level of cooperation between the organisations referred to in Annex I and III and the Commission in the establishment of its annual EU work programme for standardisation and in the preparation of requests for standards in order to analyse the market-relevance of the proposed subject matter, the policy objectives set by the legislator, and allow the European standardisation organisations to respond more quickly to the requested standardisation work.

Recital 17a

Recital 17a

Recital 17a

Recital 17a

(17a) Better consultation between the Commission and the European Standardisation Organisations is also necessary prior to the issue of a request for new standardisation work in order to enable the European Standardisation

deleted


19

Organisations to analyse the market-relevance of the proposed subject matter, ensure that this is limited to defining the technical means for reaching the policy objectives set by the legislator, and respond more quickly as to whether they are able to undertake the requested standardisation work.

Recital 17b

Recital 17b

Recital 17b

Recital 17b

(17b) Before bringing a matter regarding the request of a standard or a standardisation deliverable or objections to a harmonised standard before the committee set up by Article 18 of this Regulation, the Commission should consult experts of the Member States, e.g. through the involvement of committees set up by the corresponding acts of Union legislation or by other forms of consultation of sectoral experts, where such committees do not exist.

(17b) Before bringing a matter regarding requests of standards or a standardisation deliverables, or objections to a harmonised standard before the committee set up by Article 18 of this Regulation, the Commission should consult experts of the Member States, e.g. through the involvement of committees set up by the corresponding acts of Union legislation or by other forms of consultation of sectoral experts, where such committees do not exist.

Recital 18

Recital 18

Recital 18

Recital 18

(18) Several Directives harmonizing the conditions for the marketing of products specify that the Commission may request the adoption, by the European standardisation bodies, of harmonised European standards on the basis of which conformity with the applicable essential requirements is presumed. However, many of these legislative acts contain a wide variety of provisions on objections to these standards when the latter do not, or not entirely, cover all applicable requirements. Diverging provisions which lead to uncertainty for

(18) Several Directives harmonizing the conditions for the marketing of products specify that the Commission may request the adoption, by the European Standardisation Organisations, of harmonised European standards on the basis of which conformity with the applicable essential requirements is presumed. However, many of these legislative acts contain a wide variety of provisions on objections to these standards when the latter do not, or not entirely, cover all applicable requirements. Diverging provisions which lead to uncertainty for

(18) Several legislative acts Directives harmonising the conditions for the marketing of products specify that the Commission may request the adoption, by the European standardisation bodies, of harmonised European standards on the basis of which conformity with the applicable essential requirements is presumed. However, many of these legislative acts contain a wide variety of provisions on objections to these standards when the latter do not, or not entirely, cover all applicable requirements. Diverging provisions which

(18) Several Directives harmonizing the conditions for the marketing of products specify that the Commission may request the adoption, by the European Standardisation Organisations, of harmonised European standards on the basis of which conformity with the applicable essential requirements is presumed. However, many of these legislative acts contain a wide variety of provisions on objections to these standards when the latter do not, or not entirely, cover all applicable requirements. Diverging provisions which lead to uncertainty for


20

economic operators and European standardisation bodies are in particular contained in Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment1, Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses2, Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres3, Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft4, Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts5, Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment6, Directive 2004/22/EC of the

economic operators and European Standardisation Organisations are in particular contained in Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses, Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres, Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts, Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment,

lead to uncertainty for economic operators and European standardisation bodies are in particular contained in Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment6, Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses7, Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres8, Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft9, Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts10, Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure

economic operators and European Standardisation Organisations are in particular contained in Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses, Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres, Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts, Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment,

1 OJ L 399, 30.12.1989, p.18.

2 OJ L 121, 15.5.1993, p. 20. 3 OJ L 100, 19.4.1994, p. 1. 4 OJ L 164, 30.6.1994, p.15. 5 OJ L 213, 7.9.1995, p. 1. 6 OJ L 181, 9.7.1997, p. 1.


21

European Parliament and of the Council of 31 March 2004 on measuring instruments1, Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles2, Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels3 and Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments4. Therefore, it is necessary to include in this Regulation the uniform procedure provided for in Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision

Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles, Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels and Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments. Therefore, it is necessary to include in this Regulation the uniform procedure provided for in Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision

equipment11, Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments12, Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles13, Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels14 and Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments15 and Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels.16 Therefore, it is necessary to include in this Regulation the uniform procedure provided for in Decision

Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles, Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels and Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments. Therefore, it is necessary to include in this Regulation the uniform procedure provided for in Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision

1 OJ L 135, 30.4.2004, p. 1. 2 OJ L 154, 14.6.2007, p. 1. 3 OJ L 264, 8.10.2009, p. 12. 4 OJ L 122, 16.5.2009, p. 6. 5 OJ L 218, 13.8.2008, p. 82. 6 OJ L 399, 30.12.1989, p.18. 7 OJ L 121, 15.5.1993, p. 20. 8 OJ L 100, 19.4.1994, p. 1. 9 OJ L 164, 30.6.1994, p.15. 10 OJ L 213, 7.9.1995, p. 1. 11 OJ L 181, 9.7.1997, p. 1. 12 OJ L 135, 30.4.2004, p. 1. 13 OJ L 154, 14.6.2007, p. 1. 14 OJ L 264, 8.10.2009, p. 12. 15 OJ L 122, 16.5.2009, p. 6. 16 OJ L 264, 8.10.2009, p. 12. 17 OJ L 218, 13.8.2008, p. 82.


22

93/465/EEC5, and delete the relevant provisions in those Directives.

93/465/EEC, and delete the relevant provisions in those Directives, by extending to the European Parliament, in addition, the right to object to a harmonised standard which does not, or does not entirely, cover all applicable essential requirements in the corresponding legislation, where this has been adopted in accordance with the ordinary legislative procedure.

No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EEC17, and delete the relevant provisions in those Directives.

93/465/EEC, delete the relevant provisions in those Directives and extend to the European Parliament the right to object to a harmonised standard in the cases mentioned in article 8 of the present Regulation.

Recital 19

Recital 19

Recital 19

Recital 19

(19) Public authorities should make best use of the full range of relevant standards when procuring hardware, software and information technology services, for example by selecting standards which can be implemented by all interested suppliers, allowing for more competition and reduced risk of lock-in. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts2 specify that technical specifications in public procurement should be formulated by reference to national standards transposing European standards, European technical

(19) Public authorities should make best use of the full range of relevant technical specifications when procuring hardware, software and information technology services, for example by selecting technical specifications which can be implemented by all interested suppliers, allowing for more competition and reduced risk of lock-in. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts specify that technical specifications in public procurement should be formulated by reference to national standards transposing European standards, European technical

(19) Public authorities should make best use of the full range of relevant standards technical specifications when procuring hardware, software and information technology services, for example by selecting standards technical specifications which can be implemented by all interested suppliers, allowing for more competition and reduced risk of lock-in. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors3 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on

(19) Public authorities should make best use of the full range of relevant technical specifications when procuring hardware, software and information technology services, for example by selecting technical specifications which can be implemented by all interested suppliers, allowing for more competition and reduced risk of lock-in. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors2 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, Directive 2009/81/EC of the European Parliament and of the

1 OJ L 134, 30.4.2004, p. 1. 2 OJ L 134, 30.4.2004, p. 114. 3 OJ L 134, 30.4.2004, p. 1.


23

approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when these do not exist - to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, or equivalent. Standards in the field of information and communication technologies, however, are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in Directives 2004/17/EC and 2004/18/EC. Therefore, it is necessary to provide for the possibility that technical specifications for public procurement could refer to standards in the field of information and communication technologies, in order to respond to the fast evolution in the field of information and communication technologies, facilitate the provision of cross-border services, encourage competition and promote interoperability and innovation.

approvals, common technical specifications, international standards, other technical reference systems established by the European Standardisation Organisations or - when these do not exist - to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, or equivalent. Technical specifications in the field of information and communication technologies, however, are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in Directives 2004/17/EC and 2004/18/EC. Therefore, it is necessary to provide for the possibility that technical specifications for public procurement could refer to technical specifications in the field of information and communication technologies, in order to respond to the fast evolution in the field of information and communication technologies, facilitate the provision of cross-border services, encourage competition and promote interoperability and innovation.

the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security and Regulation (EC) 2342/2002 of the Commission laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities 1 specify that technical specifications in public procurement should be formulated by reference to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when these do not exist - to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, or equivalent. Standards Technical specifications in the field of information and communication technologies (ICT), however, are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in Directives 2004/17/EC and 2004/18/EC, 2009/81/EC or Regulation 2342/2002.. Therefore, it is necessary to provide for the possibility that technical specifications for public procurement could refer to

Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security and Regulation (EC) 2342/2002 of the Commission laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities specify that technical specifications in public procurement should be formulated by reference to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation organisations or - when these do not exist - to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the products, or equivalent. Technical specifications in the field of information and communication technologies (ICT), however, are often developed by other standard developing organisations and do not fall in any of the categories of standards and approvals laid down in Directives 2004/17/EC and 2004/18/EC, 2009/81/EC or Regulation 2342/2002.. Therefore, it is necessary to provide for the possibility that technical specifications for public procurement

1 OJ L 134, 30.4.2004, p. 114. 2 OJ L 134, 30.4.2004, p. 1.


24

standards technical specifications in the field of information and communication technologies ICT, in order to respond to the fast evolution in the field of information and communication technologies ICT, facilitate the provision of cross-border services, encourage competition and promote interoperability and innovation.

could refer to technical specifications in the field of ICT, in order to respond to the fast evolution in the field of ICT, facilitate the provision of cross-border services, encourage competition and promote interoperability and innovation.

Recital 20

Recital 20

Recital 20

Recital 20

(20) Some standards in the field of information and communication technologies are not developed according to the criteria set out in Annex 3 of the Agreement on Technical Barriers to Trade. Therefore, this Regulation should lay down a procedure for the selection of the standards in the field of information and communication technologies that could be used in public procurement, involving a broad consultation of a large spectrum of stakeholders, including the European standardisation bodies, enterprises and public authorities. This Regulation should also lay down requirements, in the form of a list of attributes, for such standards and their associated standardisation processes. These attributes should ensure that public policy objectives and societal needs are respected, and should be founded on the criteria developed within the World Trade

(20) Some technical specifications in the field of information and communication technologies are not developed according to the criteria set out in Annex 3 of the Agreement on Technical Barriers to Trade. Therefore, this Regulation should lay down a procedure for the selection of technical specifications in the field of information and communication technologies that could be used in public procurement, involving a broad consultation of a large spectrum of stakeholders, including the European Standardisation Organisations, enterprises and public authorities. This Regulation should also lay down requirements, in the form of a list of attributes, for such technical specifications and their associated development processes. These attributes should ensure that public policy objectives and societal needs are respected, and should be founded on the criteria developed within

(20) Technical specifications not adopted by European standardisation bodies do not hold an equivalent status to European Standards. Some technical specifications standards in the field of information and communication technologies ICT are not developed according to the founding principles above criteria set out in Annex 3 of the Agreement on Technical Barriers to Trade. Therefore, this Regulation should lay down a procedure for the selection identification of the standards technical specifications in the field of information and communication technologies ICT that could be used referenced in public procurement, involving a broad consultation of a large spectrum of stakeholders, including the European standardisation bodies, enterprises and public authorities. This Regulation should also lay down requirements, in the form of a list of

(20) Technical specifications not adopted by European standardisation organisations do not hold an equivalent status to European Standards. Some technical specifications in the field of ICT are not developed according to the founding principles above. Therefore, this Regulation should lay down a procedure for the identification of technical specifications in the field of ICT that could be referenced in public procurement, involving a broad consultation of a large spectrum of stakeholders, including the European standardisation organisations, enterprises and public authorities. This Regulation should also lay down requirements, in the form of a list of attributes, for such technical specifications and their associated development processes. These


25

Organisation for international standardisation organisations.

the World Trade Organisation for international standardisation organisations.

attributes, for such standards technical specifications and their associated standardisation processes. These attributes as listed in Annex II should ensure that public policy objectives and societal needs are respected, and should be founded on the principles criteria developed within the World Trade Organisation for the development of international standards international standardisation organisations.

attributes as listed in Annex II should ensure that public policy objectives and societal needs are respected, and should be founded on the principles developed within the World Trade Organisation for the development of international standards.

Recital 21

Recital 21

Recital 21

Recital 21

(21) In order to further innovation and competition between standardised solutions,the recognition of a particular technical specification should not disqualify a competing technical specification from being recognised in accordance with the provisions of this Regulation. Any recognition should be subject to the attributes being fulfilled and to the technical specification having achieved a minimum level of market acceptance. Market acceptance should not be interpreted as having been widely implemented in the market.

(21) In order to further innovation and competition, the recognition of a particular technical specification should not disqualify a technical specification from being recognised in accordance with the provisions of this Regulation. Any recognition should be subject to the attributes being fulfilled and to the technical specification having achieved a significant level of market acceptance.

(21) In order to further innovation and competition between standardised solutions, the recognition identification of a particular technical specification should not disqualify a competing technical specification from being recognised identified in accordance with the provisions of this Regulation. Any recognition identification should be subject to the attributes being fulfilled and to the technical specification having achieved a significant minimum level of market acceptance. Market acceptance should not be interpreted as having been widely implemented in the market.

(21) In order to further innovation and competition, the identification of a particular technical specification should not disqualify a competing technical specification from being identified in accordance with the provisions of this Regulation. Any identification should be subject to the attributes being fulfilled and to the technical specification having achieved a significant level of market acceptance.


26

Recital 22 Recital 22 Recital 22 Recital 22

(22) The selected standards in the field of information and communication technologies could contribute to the implementation of Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA)1 which establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations and institutions and bodies of the Union, providing common and shared solutions facilitating interoperability.

(22) The selected technical specifications in the field of information and communication technologies could contribute to the implementation of Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA) which establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations and institutions and bodies of the Union, providing common and shared solutions facilitating interoperability.

(22) The selected identified technical specifications standards in the field of information and communication technologies ICT could contribute to the implementation of Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA)2 which establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations and institutions and bodies of the Union, providing common and shared solutions facilitating interoperability..

(22) The identified technical specifications in the field of ICT could contribute to the implementation of Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA)3 which establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations and institutions and bodies of the Union, providing common and shared solutions facilitating interoperability.

Recital 23

Recital 23

Recital 23

Recital 23

(23) Situations may arise in the field of information and communication technologies where it is appropriate to encourage the use of, or require, compliance with specified standards at Union level in order to ensure interoperability in the single market and to improve freedom of choice for users. In other circumstances, it may also happen that specified European standards no longer meet consumers' needs or are

(23) Situations may arise in the field of information and communication technologies where it is appropriate to encourage the use of, or require, compliance with specified standards at Union level in order to ensure interoperability in the single market and to improve freedom of choice for users. In other circumstances, it may also happen that specified European standards no longer meet consumers' needs or are

(23) Situations may arise in the field of information and communication technologies ICT where it is appropriate to encourage the use of, or require, compliance with relevant specified standards at Union level in order to ensure interoperability in the single market and to improve freedom of choice for users. In other circumstances, it may also happen that specified European standards no longer meet consumers' needs

(23) Situations may arise in the field of ICT where it is appropriate to encourage the use of, or require, compliance with relevant standards at Union level in order to ensure interoperability in the single market and to improve freedom of choice for users. In other circumstances, it may also happen that specified European standards no longer meet consumers' needs

1 OJ L 260, 3.10.2009, p. 20.

2 OJ L 260, 3.10.2009, p. 20. 3 OJ L 260, 3.10.2009, p. 20.


27

hampering technological development. For these reasons, Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services1 enables the Commission, where necessary, to request European standardisation bodies to draw up standards, to establish a list of standards and/or specifications published in the Official Journal of the European Union with the view to encourage their use, or to make their implementation compulsory, or to remove standards and/or specifications from that list.

hampering technological development. For these reasons, Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services enables the Commission, where necessary, to request European Standardisation Organisations to draw up standards, to establish a list of standards and/or specifications published in the Official Journal of the European Union with the view to encourage their use or to remove standards and/or specifications from that list.

or are hampering technological development. For these reasons, Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services2 enables the Commission, where necessary, to request European standardisation bodies to draw up standards, to establish a list of standards and/or specifications published in the Official Journal of the European Union with the view to encourage their use, or to make their implementation compulsory, or to remove standards and/or specifications from that list.

or are hampering technological development. For these reasons, Directive 2002/21/EC of the European Parliament and the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services3 enables the Commission, where necessary, to request European standardisation organisations to draw up standards, to establish a list of standards and/or specifications published in the Official Journal of the European Union with the view to encourage their use, or to make their implementation compulsory, or to remove standards and/or specifications from that list.

Recital 24

Recital 24

Recital 24

Recital 24

(24) This Regulation should not prevent European standardisation bodies from continuing to develop standards in the field of information and communication technologies and to increase their cooperation with other standard developing bodies, especially in the field of information and communication technologies, in order to ensure coherence

(24) This Regulation should not prevent European standardisation bodies from continuing to develop standards in the field of information and communication technologies and to increase their cooperation with other standard developing bodies, especially in the field of information and communication technologies, in order to ensure coherence and avoid fragmentation or

(24) This Regulation should not prevent European standardisation bodies from continuing to develop standards4 in the field of information and communication technologies ICT and to increase their cooperation with other standard developing bodies, especially in the field of information and communication technologies ICT, in order to ensure

(24) This Regulation should not prevent European standardisation organisations from continuing to develop standards5 in the field of ICT and to increase their cooperation with other standard developing bodies, especially in the field ICT, in order to ensure coherence and avoid fragmentation or duplication during

1 OJ L 108, 24.4.2002, p. 33.

2 OJ L 108, 24.4.2002, p. 33. 3 OJ L 108, 24.4.2002, p. 33. 4 For Legal Linguists: Here the word "standards" should probably not be replaced by "technical specifications". 5 For Legal Linguists: Here the word "standards" should probably not be replaced by "technical specifications".


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and avoid fragmentation or duplication during implementation of standards and specifications

duplication during implementation of standards and specifications

coherence and avoid fragmentation or duplication during implementation of standards and specifications.

implementation of standards and specifications.

Recital 24a

Recital 24a

Recital 24a

Recital 24a

(24a) The procedure referred to in article 9 of this Regulation should only be used in domains where the European Standardisation bodies are not active, where their standards have not gained market uptake or where these standards have become obsolete.

(24a) The procedure referred to in article 9 of this Regulation should not undermine the coherence of the European standardisation system. Therefore, this Regulation should also lay down the conditions under which it can be considered that a technical specification does not conflict with other European standards.

Recital 24b

Recital 24b

Recital 24b

Recital 24b

(24b) In order to ensure legitimation of During the process for identifying technical specifications in the field of ICT which may be eligible for referencing in public procurement, the Multi Stakeholder Platform established by the Commission in decision 2011/C/349/04 should be used as a forum for consultation of stakeholders, national and European Standardisation bodies and Member States. Furthermore, the Commission should carry out a wide consultation as a prerequisite for such referencing. The Committee set up by article 18 should during the procedure referred to in article 18 (3) take into account the opinion of the platform. National stakeholders and National Standardisation bodies shall be involved in the identification process.

(24b) Before identifying technical specifications in the field of ICT which may be eligible for referencing in public procurement, the Multi Stakeholder Platform established by the Commission in decision 2011/C/349/04 should be used as a forum for consultation of European and national stakeholders, standardisation institutions and Member States in order to ensure legitimation of the process.


29

Recital 25

Recital 25

Recital 25

Recital 25

(25) Decision No 1673/2006/EC establishes the rules concerning the contribution of the Union to the financing of European standardisation in order to ensure that European standards and other European standardisation deliverables are developed and revised in support of the objectives, legislation and policies of the Union. It is appropriate, for the purpose of administrative and budgetary simplification, to incorporate the provisions of that Decision into this Regulation in line with the proposed new Financial Regulation.

(25) Decision No 1673/2006/EC establishes the rules concerning the contribution of the Union to the financing of European standardisation in order to ensure that European standards and other European standardisation deliverables are developed and revised in support of the objectives, legislation and policies of the Union. It is appropriate, for the purpose of administrative and budgetary simplification, to incorporate the provisions of that Decision into this Regulation in line with the proposed new Financial Regulation.

(25) Decision No 1673/2006/EC establishes the rules concerning the contribution of the Union to the financing of European standardisation in order to ensure that European standards and other European standardisation deliverables are developed and revised in support of the objectives, legislation and policies of the Union. It is appropriate, for the purpose of administrative and budgetary simplification, to incorporate the provisions of that Decision into this Regulation and to use wherever possible the least burdensome procedures in line with the proposed new Financial Regulation.

(25) Decision No 1673/2006/EC establishes the rules concerning the contribution of the Union to the financing of European standardisation in order to ensure that European standards and other European standardisation deliverables are developed and revised in support of the objectives, legislation and policies of the Union. It is appropriate, for the purpose of administrative and budgetary simplification, to incorporate the provisions of that Decision into this Regulation and to use wherever possible the least burdensome procedures in line with the proposed new Financial Regulation.

Recital 26

Recital 26

Recital 26

Recital 26

(26) In view of the very broad field of involvement of European standardisation in support of Union policies and legislation and the different types of standardisation activity, it is necessary to provide for different financing arrangements. This mainly concerns grants without calls for proposals to the European and national standardisation bodies in accordance with the second subparagraph of Article 110(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities1 and Article



(26) In view of the very broad field of involvement of European standardisation in support of Union policies and legislation and the different types of standardisation activity, it is necessary to provide for different financing arrangements. This mainly concerns grants without calls for proposals to the European and national standardisation bodies in accordance with the second subparagraph of Article 110(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European

1 OJ L 248, 16.9.2002, p. 1.


30

168(1)(d) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1. Furthermore, the same provisions should apply to those bodies which, whilst not recognised as European standardisation bodies in this Regulation, have been mandated in a basic act and have been entrusted with carrying out preliminary work in support of European standardisation in cooperation with the European standardisation bodies.



Communities5 and Article 168(1)(d) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities6. Furthermore, the same provisions should apply to those bodies which, whilst not recognised as European standardisation bodies in this Regulation, have been mandated in a basic act and have been entrusted with carrying out preliminary work in support of European standardisation in cooperation with the European standardisation bodies.

Recital 27

Recital 27

Recital 27

Recital 27

(27) Inasmuch as European standardisation bodies provide ongoing support for Union activities, they should have effective and efficient central secretariats. The Commission should therefore be allowed to provide grants to those bodies that are pursuing an objective of general European interest without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of Regulation (EC, Euratom) No 1605/2002.


(27) Inasmuch as European standardisation bodies provide ongoing support for Union activities, they should have effective and efficient central secretariats. The Commission should therefore be allowed to provide grants to those bodies that are pursuing an objective of general European interest without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of


1 OJ L 357, 31.12.2002, p. 1. 2 OJ L 248, 16.9.2002, p. 1. 3 OJ L 248, 16.9.2002, p. 1. 4 OJ L 357, 31.12.2002, p. 1. 5 OJ L 248, 16.9.2002, p. 1. 6 OJ L 357, 31.12.2002, p. 1.


31

Regulation (EC, Euratom) No 1605/2002.

Recital 28

Recital 28

Recital 28

Recital 28

(28) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)1, Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013)2 and Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+)3 already provide for the possibility of financial support of European organisations representing SME, consumers and environmental interests in standardisation, while specific grants are paid to European organisations representing social interests in standardisation. The financing under Decision No 1639/2006/EC, Decision No

(28) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)4, Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013)1 and Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+)2

already provide for the possibility of financial support of European organisations representing SME, consumers and environmental interests in standardisation, while specific grants are paid to European organisations representing social interests in standardisation. The financing under Decision No 1639/2006/EC, Decision No

(28) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)5, Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013)6 and Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+)7 already provide for the possibility of financial support of European organisations representing SME, consumers and environmental interests in standardisation, while specific grants are paid to European organisations representing social and other societal interests in standardisation. The financing under Decision No 1639/2006/EC,

(28) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013)8, Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013)9 and Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the Financial Instrument for the Environment (LIFE+)10 already provide for the possibility of financial support of European organisations representing SME, consumers and environmental interests in standardisation, while specific grants are paid to European organisations representing social interests in

1 OJ L 310, 9.11.2006, p. 15. 2 OJ L 404, 30.12.2006, p. 39. 3 OJ L 149, 9.6.2007, p. 1. 4 OJ L 310, 9.11.2006, p. 15. 5 OJ L 310, 9.11.2006, p. 15. 6 OJ L 404, 30.12.2006, p. 39. 7 OJ L 149, 9.6.2007, p. 1. 8 OJ L 310, 9.11.2006, p. 15. 9 OJ L 404, 30.12.2006, p. 39. 10 OJ L 149, 9.6.2007, p. 1.


32

1926/2006/EC and Regulation (EC) No 614/2007 will end on 31 December 2013. It is essential for the development of European standardisation to continue fostering and encouraging the active participation of European organisations representing SME, consumers and environmental and social interests. Such organisations pursue an aim of general European interest and constitute, by virtue of the specific mandate that national non-profit organisations have given them, a European network representing non-profit bodies active in the Member States and promoting principles and policies consistent with the objectives of the Treaties. Because of the context in which they operate and their statutory objectives, European organisations representing SME, consumers and environmental and social interests in European standardisation have a permanent role which is essential for Union activities and policies. Therefore, the Commission should be in a position to continue providing grants to those bodies without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of Regulation (EC, Euratom) No 1605/2002.

1926/2006/EC and Regulation (EC) No 614/2007 will end on 31 December 2013. It is essential for the development of European standardisation to continue fostering and encouraging the active participation of European organisations representing SME, consumers and environmental and social interests. Such organisations pursue an aim of general European interest and constitute, by virtue of the specific mandate that national non-profit organisations have given them, a European network representing non-profit bodies active in the Member States and promoting principles and policies consistent with the objectives of the Treaties. Because of the context in which they operate and their statutory objectives, European organisations representing SME, consumers and environmental and social interests in European standardisation have a permanent role which is essential for Union activities and policies. Therefore, the Commission should be in a position to continue providing grants to those bodies without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of Regulation (EC, Euratom) No 1605/2002.

Decision No 1926/2006/EC and Regulation (EC) No 614/2007 will end on 31 December 2013. It is essential for the development of European standardisation to continue fostering and encouraging the active participation of European organisations representing SME, consumers and environmental and social interests. Such organisations pursue an aim of general European interest and constitute, by virtue of the specific mandate that national non-profit organisations have given them, a European network representing non-profit bodies active in the Member States and promoting principles and policies consistent with the objectives of the Treaties. Because of the context in which they operate and their statutory objectives, European organisations representing SME, consumers and environmental and social interests in European standardisation have a permanent role which is essential for Union objectives activities and policies. Therefore, the Commission should be in a position to continue providing grants to those bodies without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of Regulation (EC, Euratom) No 1605/2002.

standardisation. The financing under Decision No 1639/2006/EC, Decision No 1926/2006/EC and Regulation (EC) No 614/2007 will end on 31 December 2013. It is essential for the development of European standardisation to continue fostering and encouraging the active participation of European organisations representing SME, consumers and environmental and social interests. Such organisations pursue an aim of general European interest and constitute, by virtue of the specific mandate that national non-profit organisations have given them, a European network representing non-profit bodies active in the Member States and promoting principles and policies consistent with the objectives of the Treaties. Because of the context in which they operate and their statutory objectives, European organisations representing SME, consumers and environmental and social interests in European standardisation have a permanent role which is essential for Union objectives and policies. Therefore, the Commission should be in a position to continue providing grants to those bodies without applying, in the case of operating grants, the principle of annual reduction referred to in Article 113(2) of Regulation (EC, Euratom) No 1605/2002.

Recital 29

Recital 29

Recital 29

Recital 29

(29) The financing of standardisation activities should also be capable of covering preliminary or ancillary activities in connection with the establishment of standards or other standardisation products. This is necessary primarily for work



(29) The financing of standardisation activities should also be capable of covering preliminary or ancillary activities in connection with the establishment of standards or other standardisation


33

involving research, the preparation of preliminary documents for legislation, inter-laboratory tests and the validation or evaluation of standards. The promotion of standardisation at European and international level should also continue through programmes relating to the technical assistance to, and cooperation with, third countries. With a view to improving market access and boosting the competitiveness of enterprises in the Union, it should be possible to give grants to other bodies through calls for proposals or, where necessary, by awarding contracts.

involving research, the preparation of preliminary documents for legislation, inter-laboratory tests. The promotion of standardisation at European and international level should also continue through programmes relating to the technical assistance to, and cooperation with, third countries. With a view to improving market access and boosting the competitiveness of enterprises in the Union, it should be possible to give grants to the entities carrying out the abovementioned activities through calls for proposals or, where necessary, by awarding contracts.

involving research, the preparation of preliminary documents for legislation, inter-laboratory tests and the validation or evaluation of standards. The promotion of standardisation at European and international level should also continue through programmes relating to the technical assistance to, and cooperation with, third countries. With a view to improving market access and boosting the competitiveness of enterprises in the Union, it should be possible to give grants to other bodies through calls for proposals or, where necessary, by awarding contracts.

products. This is necessary primarily for work involving research, the preparation of preliminary documents for legislation, inter-laboratory tests and the validation or evaluation of standards. The promotion of standardisation at European and international level should also continue through programmes relating to the technical assistance to, and cooperation with, third countries. With a view to improving market access and boosting the competitiveness of enterprises in the Union, it should be possible to give grants to other bodies through calls for proposals or, where necessary, by awarding contracts.

Recital 30

Recital 30

Recital 30

Recital 30

(30) Union financing should seek to establish standards or other standardisation products, to facilitate their use by enterprises through their translation into the various official Union languages, to strengthen the cohesion of the European standardisation system and to ensure fair and transparent access to European standards for all market players throughout the Union. This is especially important in cases where the use of standards enables compliance with Union legislative acts.

(30) Union financing should seek to establish standards or other standardisation products, to facilitate their use by enterprises through their translation into the various official Union languages, to strengthen the cohesion of the European standardisation system and to ensure fair and transparent access to European standards for all market players throughout the Union. This is especially important in cases where the use of standards enables compliance with Union legislative acts.

(30) Union financing should seek to establish standards or other standardisation products, to facilitate their use by enterprises through the enhanced support for their translation into the various official Union languages, in order to allow SME to fully benefit from the understanding and application of the European standards, to strengthen the cohesion of the European standardisation system and to ensure fair and transparent access to European standards for all market players throughout the Union. This is especially important in cases where the use of standards enables compliance with relevant Union legislation legislative acts.

(30) Union financing should seek to establish standards or other standardisation products, to facilitate their use by enterprises through the enhanced support for their translation into the various official Union languages, in order to allow SME to fully benefit from the understanding and application of the European standards, to strengthen the cohesion of the European standardisation system and to ensure fair and transparent access to European standards for all market players throughout the Union. This is especially important in cases where the use of standards enables compliance with relevant Union legislation.


34

Recital 31

Recital 31

Recital 31

Recital 31

(31) In order to ensure the effective application of this Regulation, there should be the possibility of using the requisite expertise, particularly with regard to auditing and financial management, as well as administrative support resources capable of facilitating implementation, and of evaluating on a regular basis the relevance of the activities receiving Union financing in order to ensure their usefulness and impact.




Recital 32

Recital 32

Recital 32

Recital 32

(32) Appropriate measures should also be taken to avoid fraud and irregularities and to recover funds unduly paid in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests1 and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities2 and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning




1 OJ L 312, 23.12.1995, p. 1. 2 OJ L 292, 15.11.1996, p. 2.


35

investigations conducted by the European Anti-Fraud Office (OLAF)1.




Recital 33

Recital 33

Recital 33

Recital 33

(33) In order to update the lists of European standardisation bodies, to adapt the criteria for recognising standards in the field of information and communication technologies to technical developments and to adapt the criteria for organisations representing SME and societal stakeholders to further developments as regards their non-profit making nature and representativity, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(33) In order to update the lists of European Standardisation Organisations, to adapt the criteria for recognising standards in the field of information and communication technologies to technical developments and to adapt the criteria for organisations representing SME and societal stakeholders to further developments as regards their representativity, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(33) In order to update the lists of European standardisation bodies, to adapt the criteria for recognising identifying technical specifications in the field of information and communication technologies ICT to technical developments and to adapt the criteria for organisations representing SME and societal stakeholders to further developments as regards their non-profit making nature and representativity, the power to adopt acts in accordance with Article 290 of the TFEU Treaty should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work,

(33) In order to update the lists of European standardisation organisations, to adapt the criteria for identifying technical specifications in the field of ICT to technical developments and to adapt the criteria for organisations representing SME and societal stakeholders to further developments as regards their non-profit making nature and representativity, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the

1 OJ L 136, 31.5.1999, p. 1. 2 OJ L 312, 23.12.1995, p. 1. 3 OJ L 292, 15.11.1996, p. 2. 4 OJ L 136, 31.5.1999, p. 1. 5 OJ L 312, 23.12.1995, p. 1. 6 OJ L 292, 15.11.1996, p. 2. 7 OJ L 136, 31.5.1999, p. 1. 8 OJ L 312, 23.12.1995, p. 1. 9 OJ L 292, 15.11.1996, p. 2. 10 OJ L 136, 31.5.1999, p. 1.


36

including at expert level. European Parliament and to the Council.

Recital 33a

Recital 33a

Recital 33a

Recital 33a

(33a) The committee set up according to Article 18 should assist the Commission in all matters related to the implementation of this regulation having due regard for sectoral experts.

(33a) The committee set up according to Article 18 should assist the Commission in all matters related to the implementation of this regulation having due regard for sectoral experts.

Recital 34

Recital 34

Recital 34

Recital 34

(34) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

deleted (34) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

deleted

Recital 35

Recital 35

Recital 35

Recital 35

(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the



(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member


37

Commission's exercise of implementing powers1.



States of the Commission's exercise of implementing powers3.

Recital 36

Recital 36

Recital 36

Recital 36

(36) The advisory procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.

(36) The advisory procedure should be used for the implementing decisions with respect to the objections to the annual European standardisation work programme and to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.

(36) The advisory procedure should be used for the adoption of implementing decisions with respect to the objections to harmonised standards [which the Commission considers justified] and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.

(36) The advisory procedure should be used for the adoption of implementing decisions with respect to the objections to harmonised standards and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.

Recital 37

Recital 37

Recital 37

Recital 37

(37) The examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the

(37) The examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the

(37) The examination procedure should be used for each standardisation request for European standardisation bodies, the adoption of implementing decisions with respect to the identification of technical specifications in the field of ICT eligible for referencing in public procurement and the objections to harmonised standards which the Commission considers justified and where the references to the harmonised

(37) The examination procedure should be used for each standardisation request for European standardisation bodies and the adoption of implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption

1 OJ L 55, 28.2.2011, p. 13. 2 OJ L 55, 28.2.2011, p. 13. 3 OJ L 55, 28.2.2011, p. 13.


38

applicable essential requirements. applicable essential requirements. National authorities should give their input through their National Standardisation Organisations during the standardisation process, in order to reduce as much as possible, modifications on the status of harmonised standards after the publication of the references to those standards in the Official Journal of the European Union.

standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the applicable essential requirements.

of conformity with the applicable essential requirements.

Recital 37a

In order to achieve the main objectives of this Regulation and to facilitate speedy decision making procedures as well as reducing the overall development time for standards, such procedure should as far as possible make use of the procedural measures provided by the Regulation 182/2011, which enables the chair of the Committee to lay down a time limit within which the Committee should deliver its opinion, according to the urgency of the matter. Moreover, where justified, the opinion of the Committee may be obtained by written procedure, and silence on the part of the Committee member is to be regarded as tacit agreement.

Recital 38

Recital 38

Recital 38

Recital 38

(38) Since standardisation at European level cannot be sufficiently achieved by the Member States and can, therefore, by reason of its scale and effect, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle

(38) Since standardisation at European level cannot be sufficiently achieved by the Member States and can, therefore, by reason of its scale and effect, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle

(38) Since the objectives of this Regulation, namely to ensure the effectiveness and efficiency of standards and standardisation as policy tools for the Union through cooperation between European standardisation bodies,

(38) Since the objectives of this Regulation, namely to ensure the effectiveness and efficiency of standards and standardisation as policy tools for the Union through cooperation between European standardisation


39

of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

national standardisation bodies, Member States and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the identification of technical specifications in the field of ICT eligible for referencing and the financing of European standardisation....]1standardisation at European level cannot be sufficiently achieved by the Member States and can, therefore, by reason of their its scale and effect, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that those objectives.

organisations, national standardisation bodies, Member States and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the identification of technical specifications in the field of ICT eligible for referencing, the financing of European standardisation and stakeholder participation in European standardisation2 cannot be sufficiently achieved by the Member States and can, therefore, by reason of their effect, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that those objectives.

Recital 39

Recital 39

Recital 39

Recital 39

(39) Directives 98/34/EC, 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC

(39) Directives 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC should therefore be amended accordingly.

(39) Directives 98/34/EC, 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC and should therefore be amended

(39) Directives 89/686/EEC, 93/15/EEC, 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC and should therefore be amended accordingly

1 Has been adjusted to the final content of Article 1. 2 Has been adjusted to the final content of Article 1.


40

should therefore be amended accordingly. accordingly

Recital 40

Recital 40

Recital 40

Recital 40

(40) Decision No 1673/2006/EC and Decision 87/95/EEC should therefore be repealed,

(40) Decision No 1673/2006/EC and Decision 87/95/EEC should therefore be repealed,

(40) Decisions No 1673/2006/EC and Decision 87/95/EEC should therefore be repealed,

(40) Decisions No 1673/2006/EC and

87/95/EEC should be repealed,

HAVE ADOPTED THIS REGULATION: HAVE ADOPTED THIS REGULATION: HAVE ADOPTED THIS REGULATION: HAVE ADOPTED THIS REGULATION:

Chapter I General Provisions

Article 1 Subject matter




This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter “ICT”) and financing of European standardisation.

This Regulation establishes rules with regard to the cooperation between European Standardisation Organisations, National Standardisation Organisations and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter “ICT”), financing of European standardisation and the conditions for a balanced representation of European stakeholder organisations.

This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies, Member States and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the identification recognition of technical specifications in the field of information and communication technologies (hereinafter “ICT”) eligible for referencing and the financing of European standardisation.

This Regulation establishes rules with regard to the cooperation between European standardisation organisations, national standardisation bodies, Member States and the Commission, the establishment of European standards and European standardisation deliverables for products and for services in support of Union legislation and policies, the identification of technical specifications in the field of ICT eligible for referencing, the financing of European standardisation and stakeholder participation in European standardisation.


41

Article 2 Definitions




For the purposes of this Regulation, the following definitions shall apply:

For the purposes of this Regulation, the following definitions shall apply:

point 1 point 1 point 1 point 1

(1)‘standard’ means a technical specification for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:

(1) ‘standard’ means a technical specification established by consensus and approved by a recognised Standardisation Organisation for repeated or continuous use, with which compliance is not compulsory, and which is one of the following:

(1) ‘standard’ means a technical specification adopted by a recognised standardisation body , for repeated or continuous application, with which compliance is not compulsory, which is made available to the public, and which is one of the following:is one of the following:

(1) ‘standard’ means a technical specification adopted by a recognised standardisation body pursuant to the principles established by the WTO, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:

(a) ‘international standard’ means a standard adopted by an international standardisation body;

(a) ‘international standard’ means a standard adopted by an International Standardisation Organisation;

(a) ‘international standard’ means a standard adopted by an international standardisation body

(a) ‘international standard’ means a standard adopted by an international standardisation body

(b)‘European standard’ means a standard adopted by one of the European standardisation bodies;

(b) ‘European standard’ means a standard adopted by one of the European Standardisation Organisations, which shall be implemented through its publication as an identical national standard, with the obligation for National Standardisation Organisations to withdraw any existing and conflicting national standards;

(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies;

(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies;

(c)‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;

(c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation, and the reference of which is published in the Official Journal of the European Union;

(c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;

(c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;

(d)‘national standard’ means a standard adopted by a national standardisation body;

(d) ‘national standard’ means a standard adopted by a National Standardisation Organisation;

(d) ‘national standard’ means a standard adopted by a national standardisation body; (d) ‘national standard’ means a standard

adopted by a national standardisation body;


42

(e)‘ICT standard’ means a standard in the field of information and communication technologies.

deleted (e) ‘ICT standard’ means a standard in the field of information and communication technologies.

deleted


(2)‘European standardisation deliverable’ means any other technical specification than a European standard, adopted by a European standardisation body for repeated or continuous application and with which compliance is not compulsory;

(2) ‘European standardisation deliverable’ means any other technical specification than a European standard, adopted by a European standardisation body for repeated or continuous application and with which compliance is not compulsory;

(2) ‘European standardisation deliverable’ means any other technical specification than a European standard, adopted by a European standardisation organisation for repeated or continuous application and with which compliance is not compulsory;


(3)‘draft standard’ means a document containing the text of the technical specifications concerning a given subject, which is being considered for adoption in accordance with the relevant standards procedure, as that document stands after the preparatory work and as circulated for public comment or scrutiny;

(3) ‘draft standard’ means a document containing the text of the technical specifications concerning a given subject, which is being considered for adoption in accordance with the relevant standards procedure, as that document stands after the preparatory work and as circulated for public comment or scrutiny;

(3) ‘draft standard’ means a document containing the text of the technical specifications concerning a given subject, which is being considered for adoption in accordance with the relevant standards procedure, as that document stands after the preparatory work and as circulated for public comment or scrutiny;


(4)‘technical specification’ means a specification contained in a document which lays down one of the following:

(4) ‘technical specification’ means a specification contained in a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one of the following:

(4) ‘technical specification’ means a specification contained in a document that prescribes technical requirements to be fulfilled by a product, process or service and which lays down inter alia one of the following:

(4) ‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down inter alia the following:

(a)the characteristics required of a product including levels of quality, performance, interoperability, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging,

(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, public health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols,

(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is


43

marking or labelling and conformity assessment procedures;

testing and test methods, packaging, marking or labelling and conformity assessment procedures;

sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b)production methods and processes used in respect of agricultural products as referred to Article 38(1) of the Treaty, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics;

(b) production methods and processes used in respect of agricultural products as referred to defined in Article 38(1) of the Treaty TFEU, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics;

(b) production methods and processes used in respect of agricultural products as defined in Article 38(1) of the TFEU, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics;

(c)the characteristics required of a service including levels of quality, performance, interoperability, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as referred to in Article 22(1) to (3) of Directive 2006/123/EC;

(c) the characteristics required of a service including levels of quality, performance, interoperability, environmental protection and public health, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as referred to in Article 22(1) to (3) of Directive 2006/123/EC;

(c) the characteristics required of a service including levels of quality, performance, interoperability, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as specified referred to in Article 22(1) to (3) of Directive 2006/123/EC;

(c) the characteristics required of a service including levels of quality, performance, interoperability, environmental protection, health, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as specified in Article 22(1) to (3) of Directive 2006/123/EC;

(d)the methods and the criteria for assessing the performance of construction products, as defined in Article 2(1) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC1, in relation to their essential characteristics.

(d) the methods and the criteria for assessing the performance of construction products, as defined in the first subparagraph of Article 2(1) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC2, in relation to their essential characteristics.

(d) the methods and the criteria for assessing the performance of construction products, as defined in the first subparagraph of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC3, in relation to their essential characteristics.

1 OJ L 88, 4.4.2011, p. 5. 2 OJ L 88, 4.4.2011, p. 5. 3 OJ L 88, 4.4.2011, p. 5.


44

point 4a point 4a point 4a point 4a

(4a) ‘ICT technical specification’ means a technical specification in the field of information and communication technologies;

(4a) ‘ICT technical specification’ means a technical specification in the field of information and communication technologies which lays down criteria for software, hardware, or electronic communications procedures, networks and services;

(4a) ‘ICT technical specification’ means a technical specification in the field of information and communication technologies;


(5)‘product’ means any industrially manufactured product and any agricultural product, including fish products;

(5) ‘product’ means any industrially manufactured product and any agricultural product, including fish products;

(5) ‘product’ means any industrially manufactured product and any agricultural product, including fish products;


(6)‘service’ means any self-employed economic activity normally provided for remuneration, as referred to in Article 57 of the Treaty;

(6) ‘service’ means any self-employed economic activity normally provided for remuneration, as defined referred to in Article 57 of the Treaty TFEU;

(6) ‘service’ means any self-employed economic activity normally provided for remuneration, as defined in Article 57 of the TFEU;


(7)‘European standardisation body’ means a body referred to in Annex I;

(7) ‘European standardisation body’ means a body referred to listed in Annex I;

(7) ‘European standardisation organisation’ means an organisation listed in Annex I;


(7a) ‘National Standardisation Organisation’ means an organisation referred to in Annex Ia;

deleted


(8)'International standardisation body" means the International Organisation for

(8) 'Iinternational standardisation body" means the International Organisation for

(8) 'international standardisation body" means the International Organisation for


45

Standardization (ISO), the International Electrotechnical Commission (IEC) and the International Telecommunication Union (ITU);




(9) ‘national standardisation body’ means a body notified communicated to the Commission by a Member State in accordance with Article 21 of this regulation.

(9) ‘national standardisation body’ means a body notified to the Commission by a Member State in accordance with Article 21 of this regulation.

Chapter II Transparency and stakeholder

participation


participation


participation


participation

Article 3 Transparency of work programmes of

standardisation bodies







Paragraph 1 Paragraph 1 Paragraph 1 Paragraph 1

1. At least once a year, each European and national standardisation body shall establish its work programme. That work programme shall contain information on the standards and European standardisation deliverables which it intends to prepare or amend, which it is preparing or amending and which it has adopted in the preceding period, unless these are identical or equivalent transpositions of international or European standards.

1. At least once a year, each European and national standardisation orginisation shall establish its work programme. That work programme shall contain information on the standards and European standardisation deliverables which it intends to prepare or amend, which it is preparing or amending and which it has adopted in the preceding period, unless these are identical or equivalent transpositions of international or European standards.

1. At least once a year, each European and national standardisation body shall establish its work programme. That work programme shall contain information on the standards and European standardisation deliverables which a European or national standardisation body it intends to prepare or amend, which it is preparing or amending and which it has adopted in the preceding period, unless these are identical or equivalent transpositions of international or European standards.

1. At least once a year, each European standardisation organisation and national standardisation body shall establish its work programme. That work programme shall contain information on the standards and European standardisation deliverables which a European standardisation organisation or national standardisation body it intends to prepare or amend, which it is preparing or amending and which it has adopted in the preceding period, unless these are identical or equivalent transpositions of international or European standards.



46

2. The work programme shall for each standard and European standardisation deliverable indicate:

2. The work programme shall indicate, in respect of for each standard and European standardisation deliverable indicate:

2. The work programme shall indicate, in respect of each standard and European standardisation deliverable:

(a)the subject matter; (a) the subject matter; (a) the subject matter;

(b)the stage attained in the development of the standards and European standardisation deliverables;

(b) the stage attained in the development of the standards and European standardisation deliverables;

(b) the stage attained in the development of the standards and European standardisation deliverables;

(c)the references of any international standards taken as a basis.

(c) the references of any international standards taken as a basis.

(c) the references of any international standards taken as a basis.


3. Each European and national standardisation body shall make its work programme available on its web site or any other publicly available web site and a notice of the existence of the work programme in a national or, where appropriate, European publication of standardization activities.

3. Each European and national standardisation body shall make its work programme available on its web site or any other publicly available web site, as well as and a notice of the existence of the work programme in a national or, where appropriate, European publication of standardiszation activities.

3. Each European standardisation organisation and national standardisation body shall make its work programme available on its web site or any other publicly available web site, as well as a notice of the existence of the work programme in a national or, where appropriate, European publication of standardisation activities.


4. No later than at the time of publication of its work programme, any European and national standardisation body shall notify the existence thereof to the other European and national standardisation bodies and to the Commission.

4. Not later than two months prior to the publication of its work programme, any European and National Standardisation Organisation shall notify the existence thereof to the other European and National Standardisation Organisations and to the Commission, which shall send their comments not later than one month after such notification.

4. No later than at the time of publication of its work programme, any each European and national standardisation body shall notify the existence thereof to the other European and national standardisation bodies and to the Commission. The Commission shall make this information available to the Member States via the Committee referred to in Article 18.

4. No later than at the time of publication of its work programme, each European and national standardisation body shall notify the existence thereof to the other European and national standardisation bodies and to the Commission. The Commission shall make this information available to the Member States via the Committee referred to in Article 18.


47


5. National standardisation bodies may not object to the inclusion of a subject for standardisation in the work programme of a European standardisation body.

5. National Standardisation Organisation may not object to the inclusion of a subject for standardisation in the work programme of a European Standardisation Organisation, when negative comments of internal market relevance have been expressed.

5. National standardisation bodies may not object to a subject for standardisation in their work programme being discussed at European level in accordance with the rules laid down by the European standardisation bodies and may not undertake any action which could prejudice a decision in this regard.

5. National standardisation bodies may not object to a subject for standardisation in their work programme being considered at European level in accordance with the rules laid down by the European standardisation organisations and may not undertake any action which could prejudice a decision in this regard.

Paragraph 5a Paragraph 5a Paragraph 5a Paragraph 5a

5a. During the preparation of a

harmonised standard or after its approval, national standardisation bodies shall not take any action which could prejudice the harmonisation intended and, in particular, shall not publish in the field in question a new or revised national standard which is not completely in line with an existing European standard.

5a. During the preparation of a harmonised standard or after its approval, national standardisation bodies shall not take any action which could prejudice the harmonisation intended and, in particular, shall not publish in the field in question a new or revised national standard which is not completely in line with an existing harmonised standard. After publication of a new harmonised standard, all conflicting national standards shall be withdrawn within a reasonable deadline.

Article 4 Transparency of standards




Paragraph 1 Paragraph 1 Paragraph 1 Paragraph 1 1. Each European and national standardisation body shall send any draft national standard, European standard and European standardisation deliverable to other European and national standardisation bodies and the Commission,

1. Each European and National Standardisation Organisation shall send, at least in electronic from, any draft national standard, European standard and European standardisation deliverable to other European and National Standardisation

1. Each European and national standardisation body shall send at least in electronic form any draft national standard, European standard and European standardisation deliverable to other European and national standardisation

1. Each European standardisation organisation and national standardisation body shall send at least in electronic form any draft national standard, European standard and European standardisation


48

upon their request. Organisations and the Commission, upon their request. The title of each draft national standard shall be sent in English, in addition to the national languages concerned.

bodies and the Commission, upon their request.

deliverable to other European and national standardisation bodies and the Commission, upon their request.

Paragraph 2 Paragraph 2 Paragraph 2 Paragraph 2 2. Each European and national standardisation body shall promptly reply to, and take due account of, any comments received from any other European and national standardisation body and the Commission with respect to any such draft.

2. Each European and National Standardisation Organisations shall within two months reply to, and take due account of, any comments received from any other European and National Standardisation Organisation and the Commission with respect to any draft, referred to in paragraph 1.

2. Each European and national standardisation body shall promptly reply to, and take due account of, any comments received from any other European and national standardisation body and the Commission with respect to any such draft.

2. Each European standardisation organisation and national standardisation body shall within three months reply to, and take due account of, any comments received from any other European and national standardisation body and the Commission with respect to any such draft, referred to in paragraph 1. When a national standardisation body consideredreceives comments indicating that the draft standard would have a negative impact on the internal market, the national standardisation bodyit shall consult the European standardisation organisation and the Commission before adopting it.


3. National standardisation bodies shall ensure the following:

3. National standardisation bodies shall: 3. National standardisation bodies shall:

(a)the publication of draft standards in such a way that parties established in other Member States have the opportunity to submit comments;

(a) access to the publication of draft national standards in such a way that all relevant parties, in particular those established in other Member States, have the opportunity to submit comments;

(a) ensure access to draft national standards in such a way that all relevant parties in particular those established in other Member States have the opportunity to submit comments;

(a) ensure access to draft national standards in such a way that all relevant parties in particular those established in other Member States have the opportunity to submit comments;

(b)allow other national standardisation bodies to be involved passively or actively in the planned activities

(b) allow other national standardisation bodies to be involved passively or actively by sending an observer in the planned activities

(b) allow other national standardisation bodies to be involved passively or actively by sending an observer in the planned activities


49


3a. During the preparation of a European standard or after its approval, National Standardisation Organisations shall not take any action which could prejudice the harmonisation intended and, in particular, shall not publish in the field in question a new or revised national standard which is not completely in line with any existing European standard. On publication of a new European standard, all conflicting national standards shall be withdrawn.

deleted


National and European Standardisation Organisations shall promote the use of the Internet and information and communication technologies in the standardisation system, in particular through:

deleted

a) providing to all relevant stakeholders an easy-to-use online consultation mechanism for the submission of comments on draft standards; and

deleted

b) organising, insofar as possible, virtual meetings, including by means of web conferencing or video conferencing, of technical committees.

deleted

Article 5 Stakeholder Participation in European

standardisation


standardisation


standardisation


standardisation


1. European standardisation bodies shall ensure an appropriate representation of

1. European Standardisation Organisations shall encourage and facilitate appropriate (1) European standardisation bodies shall

encourage and facilitate an appropriate (1) European standardisation organisations shall encourage and facilitate an


50

small and medium-sized enterprises (hereinafter 'SME'), consumer organisations and environmental and social stakeholders, in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:

representation and participation of all relevant stakeholders, such as public authorities, including market surveillance authorities, SMEs, organisations representing the interests of consumers, including people with disabilities, environmental and social stakeholders, including social partners, in particular, through the stakeholder organisations, referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:

representation of all relevant stakeholders, including public authorities, small and medium-sized enterprises (hereinafter SME), consumer organisations and environmental and social stakeholders in their standardisation activities. They shall, in particular do it through the organisations meeting the criteria set out in Annex III, at the policy development level and at the following stages of the development of European standards or European standardisation deliverables:

appropriate representation and effective participation of all relevant stakeholders, including SME, consumer organisations and environmental and social stakeholders in their standardisation activities. They shall, in particular do it through the organisations meeting the criteria set out in Annex III, at the policy development level and at the following stages of the development of European standards or European standardisation deliverables:

(a)the proposal and acceptance of new work items;

(a) the proposal and acceptance of new work items;

(a) the proposal and acceptance of new work items;

(b)the technical discussion on proposals; (b) the technical discussion on proposals; (b) the technical discussion on proposals;

(c)the submission of comments on drafts; (c) the submission of comments on drafts; (c) the submission of comments on drafts;

(d)the revision of existing European standards or European standardisation deliverables;

(d) the revision of existing European standards or European standardisation deliverables;

(d) the revision of existing European standards or European standardisation deliverables;

(e)the dissemination of, and awareness-building about, adopted European standards or European standardisation deliverables.

(e) the dissemination of information of, and awareness-building about, adopted European standards or European standardisation deliverables.

(e) the dissemination of information of, and awareness-building about, adopted European standards or European standardisation deliverables.


(1a) consensus building; deleted

1a. European Standardisation Organisations shall encourage and facilitate the effective participation of stakeholder organisations referred to in Annex III of this Regulation in order to

deleted


51

strengthen their representation. Such participation shall not imply that those organisations are to have voting rights or a veto in the process of standards development.


2. European standardisation bodies shall ensure an appropriate representation, at technical level, of undertakings, research centres and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if the legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research and technological development.

2. European Standardisation Organisations shall facilitate an appropriate representation, at technical level, of undertakings, research centres, the Commission's Joint Research Centre, universities, market surveillance authorities in the Member States, social partners and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if the legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research, innovation and technological development.

2. European standardisation bodies shall encourage and facilitate ensure an appropriate representation, at technical level, of undertakings, research centres, and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if the legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research and technological development.*

In addition to the collaboration with market surveillance authorities in the Member States, research facilities of the Commission and the organisations meeting the criteria set out in Annex III, European Standardisation Organisations shall encourage and facilitate an appropriate representation, at technical level, of undertakings, research centres, universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if the legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research, innovation and technological development.

Article 5a Article 5a Article 5a Article 5a Access of SMEs to standards 1. National Standardisation Organisations

shall encourage and facilitate, in accordance with the principle of national delegation, the access of SMEs to standards and their development, in particular through:

a) making available free of charge on their website abstracts of standards;

1. National standardisation bodies shall encourage and facilitate the access of SME to standards and standards development processes in order to reach a higher level of participation in the standardisation system, for instance by:

a) Identifying, in their annual work programmes, the standardisation

* Cion should insert the full reference: [adopted pursuant to…]


52

b) identifying, in their annual work programmes, the standardisation projects which are of particular interest for SMEs;

(c) giving SMEs access to standardisation activities without obliging them to become a member of the National Standardisation Organisation;

(d) providing free access to draft standards for SMEs.

2. In addition to the access referred to in paragraph 1, National Standardisation Organisations shall encourage and facilitate, in accordance with the principle of national delegation, the access of micro and small enterprises to standards and their development, in particular through:

(a) applying special rates for the provision of standards and providing bundles of standards at a reduced price;

(b) providing free access or at least special rates to participate in standardisation activities.

3. Responsibility for covering the costs incurred in accordance with paragraphs 1 or 2 shall be decided at national level.

4. National Standardisation Organisations shall send every two years a report to the European Standardisation Organisations with regard to their actions to comply with the requirements laid down in paragraphs 1 and 2 and all other measures to improve the participation of SMEs in their standardisation activities. National Standardisation Organisations shall publish that report on their website.

projects, which are of particular interests to SME;

b) Giving access to standardisation activities without obliging SME to become a member;

c) Providing free access or special rates to participate in standardisation activities;

d) Providing free access to draft standards;

e) Making available free of charge on their website abstracts of standards;

f) Applying special rates for the provision of standards or providing bundles of standards at a reduced price;

2. National standardisation bodies shall exchange best practices aiming to enhance the participation of SME in standardisation activities and to increase and facilitate the use of standards. 3. National standardisation bodies shall send an annual report to the European standardisation organisations with regards to their activities in paragraph 1 and 2 and all other measures to improve conditions for SME to use standards and to participate in the development process. The national standardisation bodies shall publish the report on their website.

Article 5b Article 5b Article 5b deleted

Exchange of best practices for SMEs deleted


53

National Standardisation Organisations

shall exchange best practices aiming to enhance the participation of SMEs in standardisation activities and to increase and facilitate the use of standards.

deleted

Article 5c Article 5c Article 5c Article 5c

Participation of public authorities in European Standardisation

Participation of public authorities in European Standardisation

Member States shall encourage participation of public authorities, including market surveillance authorities, in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 7(1).

Member States shall, where appropriate, encourage participation of public authorities, including market surveillance authorities, in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 7(1).

Chapter III European standards and European standardisation deliverables in support of Union legislation and policies

Article 6 European standardisation work programme of the Commission

Article 6 The EU Work Programme for European Standardisation European standardisation work programme of the Commission

Article 6 The EU Work Programme for European Standardisation

Paragraph 1 Paragraph 1 Paragraph 1 Paragraph 1 1. The Commission shall adopt an annual European standardisation work programme which shall indicate the European standards and European standardisation deliverables that it intends to request from the European standardisation

1. The Commission shall adopt, after consultation with the European Standardisation Organisations and all relevant stakeholders, including those referred to in Annex III, an annual European standardisation work programme

1. The Commission shall adopt an annual EU Work Programme for European Standardisation European standardisation work programme which shall identify strategic priorities for European standardisation. It shall indicate the

1. The Commission shall adopt an annual EU Work Programme for European Standardisation which shall identify strategic priorities for European standardisation, taking into account


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bodies in accordance with Article 7. which shall indicate the European standards and European standardisation deliverables that it intends to request from the European Standardisation Organisations in accordance with Article 7(1).

European standards and European standardisation deliverables that the Commission it intends to request from the European standardisation bodies in accordance with Article 7.

Union long-term strategies for growth. It shall indicate the European standards and European standardisation deliverables that the Commission intends to request from the European standardisation bodies in accordance with Article 7.


2. The European standardisation work programme referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and other European standardisation deliverables that the Commission intends to request from the European standardisation bodies. In cases of urgency the Commission can issue requests without prior indication.

2. The EU Work Programme for European Standardisation The European standardisation work programme referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and other European standardisation deliverables that the Commission intends to request from the European standardisation bodies. In cases of urgency the Commission can issue requests without prior indication.

2. The EU Work Programme for European Standardisation referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and European standardisation deliverables that the Commission intends to request from the European standardisation organisations. In cases of urgency the Commission can issue requests without prior indication.


2a. The Commission shall conduct a broad consultation of relevant stakeholders, including Member States via the Committee referred to in article 18 and European Standardisation bodies concerning the annual EU Work Programme for European Standardisation in due time before the adoption

2a. The annual EU Work Programme for European Standardisation referred to in paragraph 1 shall be adopted after having conducted a broad consultation of relevant stakeholders, including organisations referred to in Annex I and III, and Member States via the Committee referred to in article 18 of this Regulation.

Paragraph 2b Paragraph 2b Paragraph 2b Paragraph 2b


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2b. The European standardisation work programme referred to in paragraph 1 shall outline how the standardisation work is to be incorporated into the Europe 2020 strategy and how coherence between the latter and the work programme will be maintained.

deleted

Paragraph 2c Paragraph 2c Paragraph 2c Paragraph 2c

2.c The European standardisation work programme referred to in paragraph 1 shall also include objectives for the international dimension of European standardisation, in support of Union legislation and policies, and outline the allocation of responsibilities for the development of international cooperation.

2.c The EU Work Programme for European Standardisation referred to in paragraph 1 shall also include objectives for the international dimension of European standardisation, in support of Union legislation and policies.

Paragraph 2d Paragraph 2d Paragraph 2d Paragraph 2d

2d. The Commission shall make the European standardisation work programme referred to in paragraph 1 available on its website and communicate it to the European Parliament and to the Council.

2d. After its adoption, the Commission shall make the work programme referred to in paragraph 1 available on its website.

Article 6a Article 6a Article 6a Article 6a

Joint Research Centre Cooperation with research facilities


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The Commission's Joint Research Centre shall contribute to the preparation of the European standardisation work programme referred to in Article 6(1) and participate in the activities of the European Standardisation Organisations providing scientific input, in its areas of expertise, to ensure that standards take into account economic competitiveness and social needs such as environmental sustainability and safety and security concerns.

The Commission's research facilities shall contribute to the preparation of the EU work programme for European standardisation programme referred to in Article 6(1) and participate in the activities of the European Standardisation Organisations providing scientific input, in its areas of expertise, to ensure that standards take into account economic competitiveness and social needs such as environmental sustainability and safety and security concerns.

Article 7 Standardisation requests to European standardisation bodies


1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest and based on consensus.

1. The Commission may request one or several European Standardisation Organisations to draft a European standard or European standardisation deliverable within a reasonable deadline. They shall be market-driven, take into account the public interest and policy objectives clearly stated in the Commission's request and be based on consensus. Before issuing that request, to that end, the Commission shall within a reasonable deadline consult the European Standardisation Organisations, all relevant stakeholders, especially those referred to in Annex III, and the committees of national experts set up by the corresponding sectoral directive where such a directive exists as

1. The Commission may within the limitations of the competences laid down in the Treaty on the Functioning of the European Union, request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest and based on consensus. The Commission shall determine the requirements to the content to be met by the requested document and a deadline for its adoption.

1. The Commission may within the limitations of the competences laid down in the Treaty on the Functioning of the European Union, request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest as well as the policy objectives clearly stated in the Commission's request and based on consensus. The Commission shall determine the requirements to the content to be met by the requested document and a deadline for its adoption.


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well as notify all interested parties registered in the European Transparency register. Before issuing that request and while assessing the implementation of that request, the Commission shall ensure that the legal framework relating to services is implemented while fully respecting the division of competences between the Union and the Member States as laid down in the TFEU. The Commission shall not, by means of such a request, affect the right to negotiate, conclude and enforce collective agreements and to take industrial action in accordance with national law and practices which respect Union law.

1.a. The decisions referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 18(3) after consultation of the Committee set up by the corresponding act of Union harmonisation legislation, if it exists, or by other forms of consultation of sectoral experts, if such a Committee does not exist.

1.a. The decisions referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 18(3) after consultation of the the organisations referred to in Annex I and III as well as the Committee set up by the corresponding act of Union harmonisation legislation, when it exists, or by other forms of consultation of sectoral experts, if such a Committee does not exist.


2. The relevant European standardisation body shall indicate, within one month following its receipt, if it accepts the request referred to in paragraph 1.

2. The relevant European standardisation body shall indicate, within one month following its receipt, if it accepts the request referred to in paragraph 1.

2. The relevant European standardisation organisation shall indicate, within one month following its receipt, if it accepts the request referred to in paragraph 1.


3. The Commission shall inform the relevant European standardisation body, within three months following the receipt of the acceptance referred to in paragraph 2, about

3. The Commission shall inform the relevant European Standardisation Organisation, within one month following the receipt of the acceptance referred to in paragraph 2,

3. Where a request for funding is made, the Commission shall inform the relevant European standardisation body, within two three months following the receipt of the

3. Where a request for funding is made, the Commission shall inform the relevant European standardisation body, within two t


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the award of a grant for drafting a European standard or European standardisation deliverable.

about the award of a grant for drafting a European standard or European standardisation deliverable.

acceptance referred to in paragraph 2, about the award of a grant for drafting a European standard or European standardisation deliverable.

months following the receipt of the acceptance referred to in paragraph 2, about the award of a grant for drafting a European standard or European standardisation deliverable.


4. The European standardisation bodies shall inform the Commission about the activities undertaken for the development of the documents referred to in paragraph 1.

4. The European standardisation bodies shall inform the Commission about the activities undertaken for the development of the documents referred to in paragraph 1. The Commission together with the European standardisation bodies shall assess the compliance of the documents drafted by the European standardisation bodies with its initial request.

4. The European standardisation bodies shall inform the Commission about the activities undertaken for the development of the documents referred to in paragraph 1. The Commission together with the European standardisation organisations shall assess the compliance of the documents drafted by the European standardisation bodies with its initial request.


4a. Where a harmonised standard satisfies the requirements which it aims to cover and which are set out in the corresponding act of Union harmonisation legislation, a reference of the standard shall be published in the Official Journal of the European Union or by other means in accordance with the conditions laid down in the corresponding act of Union harmonisation legislation

4a. Where a harmonised standard satisfies the requirements which it aims to cover and which are set out in the corresponding act of Union harmonisation legislation, a reference of the standard shall be published without delay in the Official Journal of the European Union or by other means in accordance with the conditions laid down in the corresponding act of Union harmonisation legislation

Article 8 Objections to harmonised standards

Article 8 Formal Objections to harmonised standards

Article 8 Formal Objections to harmonised standards



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1. When a Member State considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof.

1. When a Member State or the European Parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof, with a detailed explanation.

1. When a Member State considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union harmonisation legislation, the Member State shall inform the Commission and the Commission shall, after consulting the Committee set up by the corresponding act of Union harmonisation legislation, if it exists, or by other forms of consultation of sectoral experts, decide:

1. When a Member State or the European Parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union harmonisation legislation, the objecting institution shall inform the Commission with a detailed explanation and the Commission shall, after consulting the Committee set up by the corresponding act of Union harmonisation legislation, if it exists, or by other forms of consultation of sectoral experts, decide:


2. When the Commission considers that the objections referred to in paragraph 1 are justified, it shall decide:

2. When the Commission considers that the objections referred to in paragraph 1 are justified, it shall decide:

deleted

(a)not to publish or to publish with restriction the references to the harmonised standard concerned in the Official Journal of the European Union;

(a) to publish, not to publish or to publish with restriction the references to the harmonised standard concerned in the Official Journal of the European Union;

(a) to publish, not to publish or to publish with restriction the references to the harmonised standard concerned in the Official Journal of the European Union;

(b)maintain with restriction or to withdraw the references to the harmonised standard concerned in or from the Official Journal of the European Union.

(b) to maintain, to maintain with restriction or to withdraw the references to the harmonised standard concerned in or from the Official Journal of the European Union.

(b) to maintain, to maintain with restriction or to withdraw the references to the harmonised standard concerned in or from the Official Journal of the European Union


2a. When the Commission has not been informed of any objection to a harmonised standard or has considered that the objection is not justified, it shall publish it without delay in the Official Journal of the European Union.

deleted


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2b The Commission shall publish and update regularly on its website a list of the harmonised standards that have been the subject of a decision referred to in paragraph 2.

2b. The Commission shall publish information on its website on the harmonised standards that have been subject to the decision referred to in paragraph 2.


3. The Commission shall inform the European standardisation body concerned of the decision referred to in paragraph 2 and, if necessary, request the revision of the harmonised standards concerned.

3. The Commission shall inform the European standardisation body concerned of the decision referred to in paragraph 2 and, if necessary, request the revision of the harmonised standards concerned.

3. The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 2 and, if necessary, request the revision of the harmonised standards concerned.


4. The decision referred to in paragraph 2(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2).

4. The decision referred to in point (a) of paragraph 2 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2), after consulting within a reasonable deadline the committee of national experts set up by the corresponding sectoral directive where such a directive exists.




5. The decision referred to in paragraph 2(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3).

5. The decision referred to in point (b) of paragraph 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3), after consulting within a reasonable deadline the committee of national experts set up by the corresponding sectoral directive, where




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such a directive exists.

Article 8a

Article 8a

Article 8a

Article 8a

Notification of stakeholder organisations Notification of stakeholder organisations

The Commission shall establish a notification system for interested European Business Federations and stakeholder organisations referred to in Annex III in order to ensure proper consultation and market relevance prior to:

EP compromise proposal:

The Commission shall establish a notification system for all interested parties, and including stakeholder organisations referred to in Annex I and III in order to ensure proper consultation and market relevance prior to:

- adopting the annual European standardisation work programme referred to in Article 6(1);

- adopting the annual EU work programme for standardisation referred to in Article 6(1);

- adopting standardisation requests referred to in Article 6(2);

- adopting standardisation requests referred to in Article 7 (1);

- taking a decision on objections to harmonised standards, as referred to in Article 8(2).

- taking a decision on objections to harmonised standards, as referred to in Article 8(2);


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- taking a decision on identifications of

ICT specifications referred to in article 9;

- adopting delegated acts referred to in

article 16;

Chapter IV Standards in the field of ICT

Chapter IV

Technical specifications in the field of ICT Chapter IV Standards Technical specifications in the field of ICT

Chapter IV Technical specifications in the field of ICT

Article 9 Recognition of technical specifications in the field of ICT

Article 9

Recognition and use of technical specifications in the field of ICT

Article 9 Recognition Referencing of technical specifications in the field of ICT

Article 9 Referencing of technical specifications in the field of ICT


1. Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide to recognise technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.

1. Either on proposal from a Member State or on its own initiative the Commission may decide, after consultation with the European Standardisation Organisations and all relevant stakeholders, including the European multi-stakeholder platform on ICT standardisation as set up by the Commission, to reference ICT technical specifications which are not national, European or international standards and meet the requirements set out in Annex II.

1. Either on proposal from a Member State public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide to identify to recognise ICT technical specifications that which are not national, European or international standards, and but meet the requirements set out in Annex II, which may be referenced primarily to enable interoperability in public procurement as ICT standards.

1. Either on proposal from a Member State or on its own initiative the Commission may decide to identify ICT technical specifications that are not national, European or international standards, but meet the requirements set out in Annex II, which may be referenced primarily to enable interoperability in public procurement



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1.a When a technical specification in the

field of ICT identified in accordance with paragraph 1 is modified, withdrawn or no longer meets the requirements set out in Annex II, the Commission may decide to identify the modified technical specification or to withdraw the identification.

1.a Either on proposal from a Member State or on its own initiative, when a technical specification in the field of ICT identified in accordance with paragraph 1 is modified, withdrawn or no longer meets the requirements set out in Annex II, the Commission may decide to identify the modified technical specification or to withdraw the identification.


1.b The decisions referred to in

paragraph 1 and 1a shall, after consultation of stakeholders and other interested parties of the Committee set up by the corresponding act of Union harmonisation legislation, if it exists, or by other forms of consultation of sectoral experts, if such a Committee does not exist, be adopted in accordance with the procedure laid down in Article 18(3).

1.b The decisions referred to in paragraph 1 and 1a shall, be adopted after consultation of the European multi-stakeholder platform on ICT standardisation, which includes European Standardisation Organisations, Member States and other relevant stakeholders, and after consultation of the Committee set up by the corresponding act of Union harmonisation legislation, if it exists, or by other forms of consultation of sectoral experts, if such a Committee does not exist.

Article 10 Use of ICT standards in public procurement

Article 10

Use of ICT technical specifications in public procurement

Article 10 Use of ICT technical specifications standards in public procurement

Article 10 Use of ICT technical specifications in public procurement

ICT standards referred to in Article 9 shall constitute common technical specifications referred to in Directives 2004/17/CE and 2004/18/CE, and Regulation (EC) No 2342/2002.

ICT technical specifications referred to in Article 9 of this Regulation shall constitute common technical specifications referred to in Directives 2004/17/EC and 2004/18/EC, and Regulation (EC) No 2342/2002.

ICT technical specifications standards referred to in Article 9 of this Regulation shall constitute common technical specifications referred to in Directives 2004/17/CEC, and 2004/18/CEC and 2009/81/EC, and Regulation (EC) No 2342/2002.

ICT technical specifications referred to in Article 9 of this Regulation shall constitute common technical specifications referred to in Directives 2004/17/EC, 2004/18/EC and 2009/81/EC, and Regulation (EC) No 2342/2002.


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Chapter V Financing of European standardisation

Article 11 Financing of Standardisation bodies by the Union

Article 11 Financing of Standardisation organisations by the Union


1. The financing by the Union may be granted to the European standardisation bodies for the following standardisation activities:

1. The financing by the Union may be granted to the European standardisation bodies for the following standardisation activities:

1. The financing by the Union may be granted to the European standardisation organisations for the following standardisation activities:

(a)the development and revision of European standards or European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(a) the development and revision of European standards or European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(a) the development and revision of European standards or European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(b)the verification of the quality, and conformity to the corresponding policies and legislation of the Union, of European standards or European standardisation deliverables;

(b) the verification of the quality, and conformity to the corresponding policies and legislation of the Union, of European standards or European standardisation deliverables;

(b) the verification of the quality, and conformity to the corresponding policies and legislation of the Union, of European standards or European standardisation deliverables;

(c)the performance of preliminary or ancillary work in connection with European standardisation, including studies, cooperation activities, seminars, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests, conformity evaluation work and measures to ensure that the periods for the development and the revision of European standards or European standardisation deliverables are shortened;

(c) the performance of preliminary or ancillary work in connection with European standardisation, including studies, cooperation activities, including international cooperation, seminars, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests, conformity evaluation work and measures to ensure that the periods for the development and the revision of European standards or European standardisation deliverables are shortened without prejudice to the

(c) the performance of preliminary or ancillary work in connection with European standardisation, including studies, cooperation activities, seminars, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests, conformity evaluation work and measures to ensure that the periods for the development and the revision of European standards or European standardisation deliverables are shortened;

(c) the performance of preliminary or ancillary work in connection with European standardisation, including studies, cooperation activities, including international cooperation, seminars, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests, conformity evaluation work and measures to ensure that the periods for the development and the revision of European standards or European standardisation deliverables are


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principles of openness, quality, transparency and consensus among all stakeholders;

shortened without prejudice to the founding principles established by the WTO, especially the principles of openness, quality, transparency and consensus among all stakeholders;

(d)the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties;

(d) the activities of the central secretariats of the European Standardisation Organisations, including policy development, the coordination of standardisation activities, international regulatory dialogue, the processing of technical work and the provision of information to interested parties and the provision of this information to persons with disabilities;

(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties;

(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties;

(e)the translation, where required, of European standards or European standardisation deliverables used in support of Union policies and legislation into the official Union languages other than the working languages of the European standardisation bodies or, in duly justified cases into languages other than the official Union languages,

(e) the translation of European standards or European standardisation deliverables used in support of Union policies and legislation into the official Union languages other than the working languages of the European Standardisation Organisations or, in duly justified cases into languages other than the official Union languages,

(e) the translation, where required by a Member State, of European standards or European standardisation deliverables used in support of Union policies and legislation into the official Union languages other than the working languages of the European standardisation bodies or, in duly justified cases into languages other than the official Union languages,

(e) the translation of European standards or European standardisation deliverables used in support of Union policies and legislation into the official Union languages other than the working languages of the European Standardisation Organisations or, in duly justified cases into languages other than the official Union languages,

(f)the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions;

(f) the drawing up of accessible information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, abstracts of standards, best practice information and awareness-building actions, strategies and training programmes. Such information and material shall be available in accessible electronic format and accessible format for persons with disabilities;

(f) the drawing up of information to explain, and interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions;

(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, abstracts of standards, best practice information and awareness-building actions, strategies and training programmes.

(g)activities seeking to carry out programmes of technical assistance,

(g) activities seeking to carry out programmes of technical assistance,

(g) activities seeking to carry out programmes of technical assistance,


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cooperation with third countries and the promotion and enhancement of the European standardisation system and of European standards and European standardisation deliverables among interested parties in the Union and at international level.




2. The financing by the Union may also be granted to:



(a)national standardisation bodies for the standardisation activities referred to in paragraph 1, which they jointly undertake with the European standardisation bodies;

(a) national standardisation bodies for the standardisation activities referred to in paragraph 1, which they jointly undertake with the European standardisation bodies;

(a) national standardisation bodies for the standardisation activities referred to in paragraph 1, which they jointly undertake with the European standardisation organisations;

(b)other bodies which have been entrusted with carrying out the work referred to in points (a), (c) and (g) of paragraph 1, in cooperation with the European standardisation bodies.

(b) other national and European bodies which have been entrusted with carrying out the work referred to in points (a), (c) and (g) of paragraph 1, in cooperation with the European Standardisation Organisations.

(b) other bodies which have been entrusted with contributing to the work referred to in point (a),or carrying out the work referred to in points (a), (c) and (g) of paragraph 1 in cooperation with the European standardisation bodies.

Clarification: this makes it possible for e.g. private fora and consortia to receive necessary funding for contributing to the work of the ESOs. Narrowing the scope to national and European bodies would be too restricting in practice – ESOs should be able to use the expertise where it is located.

EP: CEU text covers EP concerns. EP agrees with CEU text.

(b) other bodies which have been entrusted with contributing to the work referred to in point (a),or carrying out the work referred to in points (a), (c) and (g) of paragraph 1 in cooperation with the European standardisation bodies.


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Article 12 Financing of other European Organisations by the Union

Article 12 Financing of other European Organisations by the Union

The financing by the Union may be granted to the organisations referred to in Annex III for the following activities:

The financing by the Union may be granted to the European organisations meeting the criteria set out referred to in Annex III for the following activities:

The financing by the Union may be granted to the European organisations meeting the criteria set out in Annex III for the following activities:

(a)the functioning of these organisations and of their activities relating to European and international standardisation, including the processing of technical work and the provision of information to members and other interested parties;

(a) the functioning of these organisations and of their activities relating to European and international standardisation, including the processing of technical work and the provision of information to members and other interested parties;

(a) the functioning of these organisations and of their activities relating to European and international standardisation, including the processing of technical work and the provision of information to members and other interested parties;

(b)legal and technical expertise, including studies, in relation to assessment of the need for, and the development of, European standards and European standardisation deliverables;

(b) legal and technical expertise, including studies, in relation to assessment of the need for, and the development of, European standards and European standardisation deliverables, and training of experts;

(b) the provision of legal and technical expertise, including studies, in relation to assessment of the need for, and the development of, European standards and European standardisation deliverables;

(b) the provision of legal and technical expertise, including studies, in relation to assessment of the need for, and the development of, European standards and European standardisation deliverables, and training of experts;

(c)the participation in the technical work with respect to the development and revision of European standards and European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(c) the participation in the technical work with respect to the development and revision of European standards and European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(c) the participation in the technical work with respect to the development and revision of European standards and European standardisation deliverables which is necessary and suitable for the support of policies and legislation of the Union;

(d)the verification of the quality, and conformity to the corresponding policies and legislation of the Union, of European standards and European standardisation deliverables;

deleted (d) the verification of the quality, and conformity to the corresponding policies and legislation of the Union, of European standards and European standardisation deliverables;

deleted

(e)the promotion of European standards and European standardisation deliverables, and the information on, and use of, standards

(e) the promotion of European standards and European standardisation deliverables, and the information on, and use of, standards

(e) the promotion of European standards and European standardisation deliverables, and the information on, and use of, standards


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among interested parties and SME. among interested parties and , including SME.

among interested parties, including SME and consumers.

Article 13 Financing arrangements


1. Financing by the Union shall be provided in the form of:



(a)grants without a call for proposals, or contracts after public procurement procedures, to:

(a) grants without a call for proposals, or contracts after public procurement procedures, to:

(a) grants without a call for proposals, or contracts after public procurement procedures, to:

(i)European and national Standardisation bodies to carry out the activities referred to in Article 11(1);

(i) European and national Standardisation bodies to carry out the activities referred to in Article 11(1);

(i) European standardisation organisations and national standardisation bodies to carry out the activities referred to in Article 11(1);

(ii)bodies identified by a basic act, within the meaning of Article 49 of Regulation (EC, Euratom) No 1605/2002 to carry out, in collaboration with the European standardisation bodies the work referred to in Article 11(1)(c) of this Regulation;

(ii) bodies identified by a basic act, within the meaning of Article 49 of Regulation (EC, Euratom) No 1605/2002 to carry out, in collaboration with the European standardisation bodies the work activities referred to in Article 11(1)(c) of this Regulation;

(ii) bodies identified by a basic act, within the meaning of Article 49 of Regulation (EC, Euratom) No 1605/2002 to carry out, in collaboration with the European standardisation organisations the activities referred to in Article 11(1)(c) of this Regulation;

(b)grants after a call for proposals, or contracts after public procurement procedures, to other bodies referred to in Article 11(2)(b) to carry out, in collaboration with the European standardisation bodies:

(b) grants after a call for proposals, or contracts after public procurement procedures, to other bodies referred to in Article 11(2)(b) to carry out, in collaboration with the European standardisation bodies:

(b) grants after a call for proposals, or contracts after public procurement procedures, to other bodies referred to in Article 11(2)(b):


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(i)the production and revision of European standards and European standardisation deliverables referred to in Article 11(1)(a);

deleted (i) for contributing to the production and revision of European standards and European standardisation deliverables referred to in Article 11(1)(a);

Related to art. 11, para. 2, b

EP: EP can accept CEU text

(i) for contributing to the production and revision of European standards and European standardisation deliverables referred to in Article 11(1)(a);

(ii)the preliminary or ancillary work referred to in Article 11(1)(c);

(ii) for carrying out the preliminary or ancillary work referred to in Article 11(1)(c);

(ii) for carrying out the preliminary or ancillary work referred to in Article 11(1)(c);

(iii)the activities referred to in Article 11(1)(g).

(iii) for carrying out the activities referred to in Article 11(1)(g).

(iii) for carrying out the activities referred to in Article 11(1)(g).

(c)grants after a call for proposals to the organisations referred to in Annex III to carry out the activities referred to in Article 12.

(c) grants after a call for proposals to the organisations meeting the criteria set out referred to in Annex III to carry out the activities referred to in Article 12.

(c) grants after a call for proposals to the organisations meeting the criteria set out in Annex III to carry out the activities referred to in Article 12.


2. The activities of the bodies referred to in paragraph 1 may be financed by:



(a)grants for actions; (a) grants for actions; (a) grants for actions;

(b)operating grants for the European standardisation bodies and the organisations referred to in Annex III, in accordance with the rules set out in Regulation (EC, Euratom) No 1605/2002. In the event of renewal, operating grants shall not be automatically decreased.

(b) operating grants for the European standardisation bodies and the organisations meeting the criteria set out referred to in Annex III, in accordance with the rules set out in Regulation (EC, Euratom) No 1605/2002. In the event of renewal, operating grants shall not be automatically decreased.

(b) operating grants for the European standardisation organisations and the organisations meeting the criteria set out in Annex III, in accordance with the rules set out in Regulation (EC, Euratom) No 1605/2002. In the event of renewal, operating grants shall not be automatically decreased.



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3. The Commission shall decide on the financing arrangements referred to in paragraphs 1 and 2, on the amounts of the grants and, where necessary, on the maximum percentage of financing by type of activity.

3. The Commission, after consulting the European Standardisation Organisations, shall decide on the financing arrangements referred to in paragraphs 1 and 2, on the amounts of the grants and, where necessary, on the maximum percentage of financing by type of activity.




4. Except in duly justified cases, grants awarded for the standardisation activities referred to in Article 11(1)(a) and (b) shall take the form of lump sums to be paid upon fulfilment of the following conditions:

4. Except in duly justified cases, grants awarded for the standardisation activities referred to in Article 11(1)(a) and (b) shall take the form of lump sums [] to be paid upon fulfilment of the following conditions:

4. Except in duly justified cases, grants awarded for the standardisation activities referred to in Article 11(1)(a) and (b) shall take the form of lump sums and in the case of Article 11(1)(a) to be paid upon fulfilment of the following conditions:

(a)European standards or European standardisation deliverables requested by the Commission in accordance with Article 7 are adopted or revised within a period not exceeding the period specified in the request referred to in Article 7;

(a) European standards or European standardisation deliverables requested by the Commission in accordance with Article 7 are adopted or revised within a period not exceeding the period specified in the request referred to in Article 7;

(a) European standards or European standardisation deliverables requested by the Commission in accordance with Article 7 are adopted or revised within a period not exceeding the period specified in the request referred to in Article 7;

(b)SME, consumer organisations and environmental and social stakeholders are appropriately represented in European standardisation work, as referred to in Article 5(1).

(b) European Standardisation Organisations facilitate the appropriate participation of SMEs, consumer organisations and environmental and social stakeholders, including social partners, in European standardisation work, as referred to in Article 5(1).

(b) SME, consumer organisations and environmental and social stakeholders are appropriately represented in European standardisation work, as referred to in Article 5(1).

(b) SME, consumer organisations and environmental and social stakeholders are appropriately represented and can participate in European standardisation work, as referred to in Article 5(1).


5. The common cooperation objectives and the administrative and financial conditions relating to the grants awarded to European standardisation bodies and the organisations referred to in Annex III shall be defined in the framework partnership agreements

5. The common cooperation objectives and the administrative and financial conditions relating to the grants awarded to European standardisation bodies and the organisations meeting the criteria set out referred to in Annex III shall be defined in the framework

5. The common cooperation objectives and the administrative and financial conditions relating to the grants awarded to European standardisation organisations and the organisations meeting the criteria set out in Annex III shall be defined in the framework


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signed by the Commission and these bodies and organisations, in accordance with Regulation (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002. The Commission shall inform the European Parliament and the Council of the conclusion of those agreements.

partnership agreements signed by between the Commission and these bodies and organisations, in accordance with Regulations (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002. The Commission shall inform the European Parliament and the Council of the conclusion of those agreements.

partnership agreements between the Commission and these standardisation and stakeholder organisations, in accordance with Regulations (EC, Euratom) No 1605/2002 and No 2342/2002. The Commission shall inform the European Parliament and the Council of the conclusion of those agreements.

Article 14 Management

The appropriations determined by the budgetary authority for the financing of standardisation activities may also cover the administrative expenses relating to the preparation, monitoring, inspection, auditing and evaluation which are directly necessary for the purposes of implementing Articles 11, 12 and 13, including studies, meetings, information and publication activities, expenses relating to informatics networks for the exchange of information and any other expenditure on administrative and technical assistance which the Commission may use for standardisation activities.



Article 15 Protection of the financial interests of the Union


1. The Commission shall ensure that, when the activities financed under this Regulation are implemented, the financial interests of the Union are protected by the application of




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preventive measures against fraud, corruption and other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportionate and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999.




2. For the Union activities financed pursuant to this Regulation, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Union law or any breach of a contractual obligation resulting from an act or omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the Union or budgets managed by it by an unjustified item of expenditure.




3. Any agreements and contracts resulting from this Regulation shall provide for monitoring and financial control by the Commission or any representative which it authorises and for audits by the Court of Auditors, which if necessary may be conducted on the spot.

3. Any agreements and contracts resulting from this Regulation shall provide for monitoring and financial control by the Commission or any representative which it authorises and for audits by the European Court of Auditors, which if necessary may be conducted on the spot.

3. Any agreements and contracts resulting from this Regulation shall provide for monitoring and financial control by the Commission or any representative which it authorises and for audits by the European Court of Auditors, which if necessary may be conducted on the spot.


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Chapter VI Delegated acts, committee and reporting

Article 16 Delegated acts

The Commission shall be empowered to adopt delegated acts in accordance with Article 17 concerning amendments to the Annexes, in order to:



(a)update the list of European standardisation bodies set out in Annex I;

(a) update the list of European Standardisation Organisations set out in Annex I to take into account changes in their name or structure;

(a) update the list of European standardisation bodies set out in Annex I; to the extent necessary to take account of organisational changes

(a) update the list of European Standardisation Organisations set out in Annex I to take into account changes in their name or structure;

(aa) establish and update the list of National Standardisation Organisations in Annex Ia;

deleted

(b)adapt the criteria for recognising standards in the field of ICT set out in Annex II to technical developments;

(b) adapt the criteria for recognising technical specifications in the field of ICT set out in Annex II to technical developments, without, however, creating or abandoning any of the criteria;

Deleted deleted

(c)adapt the criteria for organisations representing SME and societal stakeholders set out in Annex III to further developments as regards their non-profit making nature and representativity.

(c) adapt the criteria for organisations representing SMEs and societal stakeholders referred to in Annex III to further developments as regards their non-profit making nature and representativity without, however, creating, abandoning or abolishing any criterion or organisation altogether.

(c) adapt the criteria for stakeholder organisations representing SME and societal stakeholders set out in Annex III to further developments as regards their non-profit making nature and representativity.

(c) adapt the criteria for stakeholder organisations set out in Annex III to further developments as regards their non-profit making nature and representativity. Such adaptations shall not have the effect of creating any new criteria or abolishing any existing criteria or category of organisation altogether.


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1a. The decisions referred to in points (a) and (b) of paragraph 1 shall be adopted after consultation with the European Standardisation Organisations.

deleted

Article 17 Exercise of the delegation


1. The power to adopt delegated acts is conferred on the Commission subject to conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


2. The delegation of power referred to in Article 16 shall be conferred on the Commission for an indeterminate period of time from 1 January 2013.

2. The power to adopt delegated acts referred to in Article 16 shall be conferred on the Commission for a period of five years from 1 January 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2. The delegation of power to adopt delegated acts referred to in Article 16 shall be conferred on the Commission for an indeterminate period of time from 1 January 2013 for a period of 5 years from 1 January 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2. The power to adopt delegated acts referred to in Article 16 shall be conferred on the Commission for a period of five years from 1 January 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.


3. The delegation of powers referred to in Article 16 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powers specified in that

3. The delegation of power referred to in Article 16 may be revoked at any time by the European Parliament or by the Council. The institution which initiated the internal decision-making procedure with regard to revoking the delegation of powers shall

3. The delegation of powers referred to in Article 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke of revocation shall put an end to the delegation of the powers

3. The delegation of power referred to in Article 16 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that


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decision. It shall take effect the day following the publication of the Decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.

make every effort to inform the Commission, within a reasonable time-frame prior to adoption of a final decision, indicating the delegated powers liable to be revoked and the potential grounds for revocation.A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the Decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

specified in that decision. It shall take effect the day following the publication of the Decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.

decision. It shall take effect the day following the publication of the Decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




5. A delegated act adopted pursuant to Article 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

5. A delegated act adopted pursuant to Article 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 16 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.


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Article 18 Committee procedure


1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee shall meet at least twice per year with the European and National Standardisation Organisations.

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The committee shall work in cooperation with the organisations referred to in annex I and III.1


2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.








4. Where the opinion of the committee is to be obtained by written procedure, that



1 The final sentence of Article 18(1) will be moved, during the process of legal-linguistic finalisation, to appear as a new Article 18a. This is because the idea of the committee

working in cooperation with the organisations referred to is separate to the committee's function in adopting implementing acts in accordance with Regulation 182/2011. "Article 18a

Committee cooperation with standardisation organisations and stakeholders The Committee referred to in Article 18(1) shall work in cooperation with the organisations referred to in Annexes I and III."


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procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.




4a. The Commission may invite the organisations referred to in Annexes I, Ia and III, and other relevant stakeholders, as observers, to the meetings of the committee referred to in paragraph 1.

deleted

Article 19 Reports


1. The European Standardisation Bodies shall send an annual report on the implementation of this Regulation to the Commission. It shall contain detailed information on the following:

1. The European Standardisation Organisations shall send a short and concise annual report on the implementation of this Regulation to the Commission. It shall contain information on the following:

1. The European Sstandardisation Bbodies shall send an annual report on the implementation of this Regulation to the Commission. It shall contain detailed information on the following:

1. The European standardisation Organisations shall send an annual report on the implementation of this Regulation to the Commission. It shall contain detailed information on the following:

(a)the application of Articles 4, 5, 6, 11 and 13;

(a) the application of Articles 4, 5, 6, 7, 11 and 13;

(a) the application of Articles 4, 5, 6, 7, 11 and 13;

(b)the representation of SMEs, consumer organisations and environmental and social stakeholders in national standardisation bodies.

(b) the representation of consumer organisations and environmental and social stakeholders in National Standardisation Organisations;

(b) the representation of SMEs, consumer organisations and environmental and social stakeholders in national standardisation bodies.

(b) the representation of SMEs, consumer organisations and environmental and social stakeholders in national standardisation bodies.

(ba) the representation of SMEs on the basis of the reports referred to in Article 5a(3).

(ba) the representation of SMEs on the basis of the reports referred to in Article 5a(3).

(bb) the use of ICT in the standardisation system.


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(bc) cooperation between the national standardisation bodies and European Standardisation organisations.


2. The organisations referred to in Annex III that received financing in accordance with this Regulation shall send an annual report on their activities to the Commission. This report shall contain in particular detailed information about the membership of these organisations and the activities referred to in Article 12.

2. The organisations meeting the criteria set out referred to in Annex III that received financing in accordance with this Regulation shall send an annual report on their activities to the Commission. This report shall contain in particular detailed information about the membership of these organisations and the activities referred to in Article 12.

2. The organisations meeting the criteria set out in Annex III that received financing in accordance with this Regulation shall send an annual report on their activities to the Commission. This report shall contain in particular detailed information about the membership of these organisations and the activities referred to in Article 12.

3. By 31 December 2015 and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. This report shall contain an evaluation of the relevance of the standardisation activities receiving Union financing in the light of the requirements of policies and legislation of the Union.

3. By 31 December 2015 and every five years thereafter, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall contain an evaluation of the relevance of the standardisation activities receiving Union financing in the light of the requirements of Union policies and legislation of the Union.

3. By 31 December 2015 and every five years thereafter, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Regulation. This report shall contain an analysis of the reports referred to in paragraph 1 and 2, an evaluation of the relevance of the standardisation activities receiving Union financing in the light of the requirements of Union policies and legislation as well as an assessment of potential new measures to simplify the financing of European standardisation and reduce the administrative burden for the European Standardisation Organisations.

Article 19a (new) Article 19a (new)

Review Review


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The Commission shall consider the need for additional measures to simplify the financing of European standardisation and reduce the administrative burden for the European Standardisation Organisations, taking into account the report referred to in point (a) of Article 19(1). It shall present its conclusions in a report to be submitted to the European Parliament and to the Council by 1 January 2015, and shall submit, if appropriate, a legislative proposal for the amendment of this Regulation.

By [two years after the date referred to in the second paragraph of Article 24], the Commission shall evaluate the impact of the procedure established by Article 7 of this Regulation on the timeframe for issuing standardisation requests. The Commission shall present its conclusions in a report to the European Parliament and to the Council. Where appropriate, that report shall be accompanied by a legislative proposal to amend this Regulation.

Chapter VII Final provisions

Article 20 Amendments

Point 1 Point 1 Point 1 Point 1

1. The following provisions are deleted: 1. The following provisions are deleted: 1. The following provisions are deleted:

(a)Article 6(1) of Directive 89/686/EEC; (a) Article 6(1) of Directive 89/686/EEC; (a) Article 6(1) of Directive 89/686/EEC;

(b)Article 5 of Directive 93/15/EEC; (b) Article 5 of Directive 93/15/EEC; (b) Article 5 of Directive 93/15/EEC;

(c)Article 6(1) of Directive 94/9/EC; (c) Article 6(1) of Directive 94/9/EC; (c) Article 6(1) of Directive 94/9/EC;

(d)Article 6(1) of Directive 94/25/EC; (d) Article 6(1) of Directive 94/25/EC; (d) Article 6(1) of Directive 94/25/EC;

(e)Article 6(1) of Directive 95/16/EC; (e) Article 6(1) of Directive 95/16/EC; (e) Article 6(1) of Directive 95/16/EC;

(f)Article 6 of Directive 97/23/EC; (f) Article 6 of Directive 97/23/EC; (f) Article 6 of Directive 97/23/EC;

(g)Article 14 of Directive 2004/22/EC; (g) Article 14 of Directive 2004/22/EC; (g) Article 14 of Directive 2004/22/EC;


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(h)Article 8(4) of Directive 2007/23/EC ; (h) Article 8(4) of Directive 2007/23/EC ; (h) Article 8(4) of Directive 2007/23/EC ;

(i)Article 6 of Directive 2009/105/EC; (i) Article 6 of Directive 2009/105/EC; (i) Article 6 of Directive 2009/105/EC;

(j)Article 7 of Directive 2009/23/EC. (j) Article 7 of Directive 2009/23/EC. (j) Article 7 of Directive 2009/23/EC.

References to those deleted provisions shall be construed as references to this Regulation.

Point 2 Point 2 Point 2 Point 2

2. Directive 98/34/EC is amended as follows:

2. Directive 98/34/EC is hereby amended as follows:

2. Directive 98/34/EC is hereby amended as follows:

(a)Paragraphs 6 to 10 of Article 1 and Articles 2, 3 and 4 are deleted;

(a) in Article 1, Pparagraphs 6 to 10 of Article 1 are deleted;

(a) in Article 1, paragraphs 6 to 10 are deleted;

(aa) and Articles 2, 3, and 4 are deleted; (aa) Articles 2, 3, and 4 are deleted;

(b)in Article 6(1), the words “with the representatives of the standards institutions referred to in Annexes I and II” are deleted;

(b) in Article 6(1), the words “with the representatives of the standards institutions referred to in Annexes I and II” are deleted;

(b) in Article 6(1), the words “with the representatives of the standards institutions referred to in Annexes I and II” are deleted;

(c)In Article 6(3) the first indent is deleted; (c) Iin Article 6(3) the first indent is deleted; (c) in Article 6(3) the first indent is deleted;

(d)In Article 6(4) points (a), (b) and (e) are deleted;

(d) Iin Article 6(4) points (a), (b) and (e) are deleted;

(d) in Article 6(4) points (a), (b) and (e) are deleted;

(dd) Article 7 is replaced by the following: “Member States shall communicate to the Commission all requests made to standards institutions to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products as draft technical regulations, in accordance with Article 8(1), and shall state the grounds for their enactment.”

(dd) Article 7 is replaced by the following: “Member States shall communicate to the Commission all requests made to standards institutions to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products as draft technical regulations, in accordance with Article 8(1), and shall state the grounds for their enactment.”


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(e)In Article 11, the second sentence is replaced by the following sentence: “The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.”.

(e) Iin Article 11, the second sentence is replaced by the following sentence: “The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.”.

(e) in Article 11, the second sentence is replaced by the following sentence: “The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.”.

(f)Annexes I and II are deleted. (f) Annexes I and II are deleted. (f) Annexes I and II are deleted.

Article 21 National standardisation bodies

Member States shall inform the Commission of their standardisation bodies. Member States shall inform the Commission

of their standardisation bodies. Member States shall inform the Commission of their standardisation bodies.

The Commission shall publish a list of national standardisation bodies and any updates to that list in the Official Journal of the European Union.

After consultation with the European Standardisation Organisations, the Commission shall publish a list of National Standardisation Organisations and any updates to that list on its website and in the Official Journal of the European Union.



Article 22 Transitional provisions

In Union acts that provide for a presumption of conformity with essential requirements through the application of harmonised standards adopted in accordance with Directive 98/34/EC, references to Directive 98/34/EC shall be construed as references to this Regulation, except references to the committee set up by Article 5 of Directive 98/34/EC.

In Union acts that provide for a presumption of conformity with essential requirements through the application of harmonised standards adopted in accordance with Directive 98/34/EC, references to Directive 98/34/EC shall be construed as references to this Regulation, except references to the committee set up by Article 5 of Directive 98/34/EC regarding technical regulations.

In Union acts that provide for a presumption of conformity with essential requirements through the application of harmonised standards adopted in accordance with Directive 98/34/EC, references to Directive 98/34/EC shall be construed as references to this Regulation, except references to the committee set up by Article 5 of Directive 98/34/EC regarding technical regulations.


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Where other Union act provides for a procedure for objection to harmonised standards, Article 8 of this Regulation shall not apply to that act.

Where a other Union act provides for a procedure for objection to harmonised standards, Article 8 of this Regulation shall not apply to that act.

Where a Union act provides for a procedure for objection to harmonised standards, Article 8 of this Regulation shall not apply to that act.

Article 23 Repeal

Decision No 1673/2006/EC and Decision 87/95/EEC are repealed. Decisions No 1673/2006/EC and Decision

87/95/EEC are hereby repealed. Decisions No 1673/2006/EC and 87/95/EEC are hereby repealed.

References to the repealed Decisions shall be construed as references to this Regulation.



Article 24 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.



It shall apply from 1 January 2013. It shall apply from 1 January 2013. It shall apply from 1 January 2013.

This Regulation shall be binding in its

entirety and directly applicable in all

Member States.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, Done at Brussels,


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For the European Parliament

The President

For the Council

The President

For the European Parliament

The President

For the Council

The President

ANNEX I

EUROPEAN STANDARDISATION BODIES:

ANNEX I

EUROPEAN STANDARDISATION ORGANISATIONS:

1. CEN - European Committee for Standardisation



2. CENELEC - European Committee for Electrotechnical Standardisation



3. ETSI - European Telecommunications Standards Institute



Annex Ia deleted

National Standardisation Organisations deleted

ANNEX II

REQUIREMENTS FOR THE

ANNEX II


ANNEX II



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RECOGNITION OF TECHNICAL SPECIFICATIONS IN THE FIELD OF ICT

IDENTIFICATION OF TECHNICAL SPECIFICATIONS IN THE FIELD OF ICT

IDENTIFICATION OF TECHNICAL SPECIFICATIONS IN THE FIELD OF ICT

1. the technical specifications have market acceptance and their implementations do not hamper interoperability with the implementations of existing European or international standards. Market acceptance can be demonstrated by operational examples of compliant implementations from different vendors.

1. tThe technical specifications have market acceptance and their implementations do not hamper interoperability with the implementations of existing European or international standards. Market acceptance can be demonstrated by operational examples of compliant implementations from different vendors.

1. The technical specifications have market acceptance and their implementations do not hamper interoperability with the implementations of existing European or international standards. Market acceptance can be demonstrated by operational examples of compliant implementations from different vendors.

1.a. The technical specifications are coherent and do not conflict with European standards, i.e. they cover domains where the European Standardisation bodies are not active, where their standards have not gained market uptake or where these standards have become obsolete, and transposition of the technical specifications into European standardisation deliverables is not foreseen.

1.a. The technical specifications are coherent as they do not conflict with European standards, i.e. they cover domains where the adoption of new European standards is not foreseen within a reasonable period, where existing standards have not gained market uptake or where these standards have become obsolete, and where the transposition of the technical specifications into European standardisation deliverables is not foreseen within a reasonable period.

2. the technical specifications were developed by a non-profit making organisation which is a professional society, industry or trade association or any other membership organisation that within its area of expertise develops standards in the field of information and communication technologies and which is not a European, national or international standardisation body, through processes which fulfil the following criteria:

2. the technical specifications were developed by a non-profit making organisation which is a professional society, industry or trade association or any other membership organisation that within its area of expertise develops technical specifications in the field of information and communication technologies and which is not a European, National or International Standardisation Organisation, through processes which fulfil the following criteria:

2. the technical specifications were developed by a non-profit making organisation which is a professional society, industry or trade association or any other membership organisation that within its area of expertise develops technical specifications standards in the field of ICT information and communication technologies and which is not a European, national or international standardisation body, through processes which fulfil the following criteria:

2. the technical specifications were developed by a non-profit making organisation which is a professional society, industry or trade association or any other membership organisation that within its area of expertise develops technical specifications in the field of ICT and which is not a European standardisation organisation, national or international standardisation body, through processes which fulfil the following criteria:


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(a) openness:

the technical specifications were developed on the basis of open decision-making accessible to all interested operators in the market or markets affected by the standard.

the technical specifications were developed on the basis of open decision-making accessible to all interested parties in the market or markets affected by such specification.

the technical specifications were developed on the basis of open decision-making accessible to all interested parties operators in the market or markets, affected by the specification standard.

the technical specifications were developed on the basis of open decision-making accessible to all interested parties in the market or markets, affected by the specification.

(b) consensus:

the standardisation process was collaborative and consensus based and did not favour any particular stakeholder. Consensus means a general agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Consensus does not imply unanimity.

the process of drafting technical specifications was collaborative and consensus based and did not favour any particular stakeholder. Consensus means a general agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Consensus does not imply unanimity.

the standardisation decision-making process was collaborative and consensus based and did not favour any particular stakeholder. Consensus means a general agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Consensus does not imply unanimity.

the decision-making process was collaborative and consensus based and did not favour any particular stakeholder. Consensus means a general agreement, characterised by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments. Consensus does not imply unanimity.

(c) transparency:

(i) all information concerning technical discussions and decision making was archived and identified.




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(ii) information on (new) standardisation activities was widely announced through suitable and accessible means.

(ii) information on (new) standardisation activities was publicly and widely announced through suitable and accessible means.

(ii) information on (new) standardisation activities was widely announced through suitable and accessible means.

(ii) information on (new) standardisation activities was publicly and widely announced through suitable and accessible means.

(iii) participation of all interested categories of interested stakeholders was sought with a view to achieving balance.

(iii) participation of all interested categories of interested parties was sought with a view to achieving balance.

(iii) participation of all interested categories of interested parties stakeholders was sought with a view to achieving balance.

(iii) participation of all interested categories of interested parties was sought with a view to achieving balance.

(iv) consideration and response were given to comments by interested parties.



3. the technical specifications reflect the following requirements:

3. the technical specifications meet reflect the following requirements:

3. the technical specifications meet the following requirements:

(a) maintenance: Ongoing support and maintenance of published specifications are guaranteed over a long period.



(b) availability: Specifications are publicly available for implementation and use on reasonable terms (including for a reasonable fee or free of charge).



(c) intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND),




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which includes, at the discretion of the intellectual property right-holder, licensing essential intellectual property without compensation.



(d) relevance:

(d) relevance: (d) relevance:

(i) the specifications are effective and relevant;



(ii) specifications need to respond to market needs and regulatory requirements;



(e) neutrality and stability:

(i) specifications whenever possible are performance oriented rather than based on design or descriptive characteristics;



(ii) specifications do not distort the market or limit the possibilities for implementers to develop competition and innovation based upon them.



(iii) specifications are based on advanced (iii) specifications are based on advanced (iii) specifications are based on advanced


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scientific and technological developments.

scientific and technological developments. scientific and technological developments.

(f) quality: (f) quality: (f) quality:

(i) the quality and level of detail are sufficient to permit the development of a variety of competing implementations of interoperable products and services;



(ii) standardised interfaces are not hidden or controlled by anyone other than the organisations that adopted the technical specifications.



ANNEX III

EUROPEAN STAKEHOLDER ORGANISATIONS

ANNEX III

EUROPEAN STAKEHOLDER ORGANISATIONS ELIGIBLE FOR

UNION FINANCING

ANNEX III

EUROPEAN STAKEHOLDER ORGANISATIONS ELIGIBLE FOR UNION FINANCING

(a) A European organisation representing SME in European standardisation activities which:

(a) A European horizontal organisation solely representing crafts businesses and SMEs in European standardisation activities which:



(i) is non-governmental and non-profit-making.



(ii) has as its statutory objectives and activities to represent the interests of SME in




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the standardisation process at European level;

the standardisation process at European level;

the standardisation process at European level, to raise their awareness for standardisation and to motivate them to become involved in the standardisation process;

(iii) has been mandated by non-profit organisations representing SME in at least two thirds of the Member States, to represent the interests of SME in the standardisation process at European level.

(iii) has been mandated by non-profit organisations representing the majority of SMEs in all Member States, to represent the interests of SMEs in the standardisation process at European level.



(b) A European organisation representing consumers in European standardisation activities which:



(i) is non-governmental, non-profit-making, and independent of industry, commercial and business or other conflicting interests.



(ii) has as its statutory objectives and activities to represent consumer interests in the standardisation process at European level;

(ii) has as its statutory objectives and activities to represent consumer interests, including consumers who are particularly vulnerable because of their mental or physical disabilities, age or credulity, in the standardisation process at European level;



(iii) has been mandated by national non-profit consumer organisations in at least two thirds of the Member States, to represent the interests of consumers in the standardisation process at European level.




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(c) A European organisation representing environmental interests in European standardisation activities which:






(ii) has as its statutory objectives and activities to represent environmental interests in the standardisation process at European level;



(iii) has been mandated by national non-profit environmental organisations in at least two thirds of the Member States, to represent environmental interests in the standardisation process at European level.



(d) A European organisation representing social interests in European standardisation activities which:

(d) A European organisation representing social interests, including social partners, in European standardisation activities which:




(i) is non-governmental, non-profit-making, representative, and independent of industry, commercial and business or other conflicting




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interests.

(ii) has as its statutory objectives and activities to represent social interests in the standardisation process at European level;



(iii) has been mandated by national non-profit social organisations in at least two thirds of the Member States, to represent social interests in the standardisation process at European level.



IMCO report Council Working Party Compromise proposals · Four-column document 4 new and improved...

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Transcript of IMCO report Council Working Party Compromise proposals · Four-column document 4 new and improved...